Watkins v Togias and Connelly [2019] NSWLEC 1355

Land and Environment Court New South Wales

Medium Neutral Citation: Watkins v Togias and Connelly [2019] NSWLEC 1355 Hearing dates: 24 July 2019 Date of orders: 24 July 2019 Decision date: 24 July 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: The application is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) –hedge – obstruction of views – hedge pruned prior to hearing – the Court cannot be satisfied that the view obstruction is severe Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) Cases Cited: Steber v Job [2019] NSWLEC 1308 Category: Principal judgment Parties: David Watkins (First Applicant) Margaret Watkins (Second Applicant) Greg Togias (First Respondent) Deborah Connelly (Second Respondent) Representation: M Watkins, litigant in person (Applicants) G Togias, litigant in person (Respondents) File Number(s): 2019/86551 Publication restriction: No

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

Background 1. David and Margaret Watkins ('the applicants') have applied to the Court pursuant to both s 14B (Part 2A) of the Trees (Disputes Between Neighbours) Act 2006 (NSW) ('the Trees Act') seeking orders for trees in a neighbouring hedge to be pruned and maintained. 2. From their Longueville property the Watkinses have views over Tambourine Bay, part of Lane Cove River. 3. Their neighbours, Greg Togias and Deborah Connelly ('the respondents') have a hedge of lilli pilli trees ('the trees') along their common boundary. Since the Watkinses made their application to the Court, the trees have been pruned. Mr Togias said they have their trees pruned two or three times each year.