Drummond v Malicki [2019] NSWLEC 1348

Land and Environment Court New South Wales

Medium Neutral Citation: Drummond v Malicki [2019] NSWLEC 1348 Hearing dates: 27 June 2019 Date of orders: 27 June 2019 Decision date: 27 June 2019 Jurisdiction: Class 2 Before: Douglas AC Decision: The application is dismissed. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – hedges – views and privacy Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Ball v Bahramali & Anor [2010] NSWLEC 1334 Granthum Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Haindl v Daisch [2011] NSWLEC 1145 Johnson v Angus (2012) 190 LGERA 334; [2012] NSWLEC 192 McLaren v Lewis [2011] NSWLEC 1170 Tenacity Consulting v Warringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Tooth v McCombie [2011] NSWLEC 1004 Wisdom v Payn [2011] NSWLEC 1012 Category: Principal judgment Parties: James Drummond (First Applicant) Heidi Drummond (Second Applicant) George Malicki (First Respondent) Jennifer Malicki (Second Respondent) Representation: Solicitors: C Drury, Sparke Helmore Lawyers (Respondent)

Other: J & H Drummond, litigants in person (Applicants) File Number(s): 2019/12880 Publication restriction: No

Judgment

This decision was given as an extemporaneous decision. It was given orally and has been revised and edited prior to publication. 1. COMMISSIONER: This is an application submitted under s 14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (the Act) by the owners of a property in Mona Vale against the owners of trees growing on an adjoining property. 2. The applicants, Mr and Mrs Drummond, contend that the trees severely obstruct views from their dwelling, particularly towards Pittwater to the north. 3. They seek the following orders (summarised): "1. Pruning of three Flowering Ash (Fraxinus griffithii) and two Magnolia's (Magnolia grandiflora 'Little Gem') by the respondents to a height of 2 – 2.4 metres; 2. Regular ongoing pruning of these five trees to maintain them at a height of 2 – 2.4 metres; 3. Maintain any other trees in the region T1-T5, to fair and reasonable heights (2 – 2.4 metres)." 1. In response to the requests from the applicants, the respondents have undertaken minor pruning of Ash branches growing towards and against the Drummond's house. 2. The Respondents', Mr and Mrs Malicki, request alternative Orders, which are: "1. Tree 1 be pruned by 10% in accordance with Northern Beaches Council (Council) policy, but not reduced in height. 2. Tree 2 be reduced in height by 1 metre. 3. Tree 3, 4 and 5 are not to be pruned or reduced in height."