Shearer v Arian [2019] NSWLEC 1383

Land and Environment Court New South Wales

Medium Neutral Citation: Shearer v Arian [2019] NSWLEC 1383 Hearing dates: 15 August 2019 Date of orders: 15 August 2019 Decision date: 15 August 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) The application is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – hedge – obstruction of views – severity of obstruction – properties not adjoining Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) Cases Cited: Cavalier v Young [2011] NSWLEC 1080 Van Hoorn v Sullivan & anor [2013] NSWLEC 1111 Category: Principal judgment Parties: David Julian Shearer (First Applicant) Margot Shearer (Second Applicant) Abdul Masid Arian (Respondent) Representation: D Shearer & M Shearer, litigants in person (Applicants) A Arian, litigant in person (Respondent) File Number(s): 2019/63267 Publication restriction: No

Judgment

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

The application 1. David and Margot Shearer ('the applicants') have applied to the Court pursuant to s 14B 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 so as to restore a view from their dwelling. 2. Abdul Arian ('the respondent') planted the trees more than ten years ago and does not want to prune them.

The trees 1. Mr Arian planted eight Leyland Cypress trees in a straight line near his rear boundary. They have grown to form a dense screen some 10 metres long, approximately 8.5 metres tall. Less than two months ago, after the Shearers made their application, Mr Arian removed foliage and branches of the tree at the hedge's northern end, nearest the Shearers' dwelling. The stem of that tree remains.