Donkersley v Antolovich [2019] NSWLEC 1445

Land and Environment Court New South Wales

Medium Neutral Citation: Donkersley v Antolovich [2019] NSWLEC 1445 Hearing dates: 14 August 2019 Date of orders: 12 September 2019 Decision date: 12 September 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: The orders of the Court are: (1) The application is granted. (2) During October each year, beginning October 2019, the respondents are to engage a suitably experienced and insured contractor to prune the lilli pillies in the hedge along their western boundary so that: (a) Trees T2–T12 (trees north of the banksia T13) are no taller than 2.5 metres in height measured from the base of each tree, and no parts of the trees overhang the common boundary shared with the applicant; (b) Trees T14–T17 (trees south of the banksia T13) are no taller than 4.0 metres in height measured from the base of each tree, and no parts of the trees overhang the common boundary shared with the applicant. (3) Each year the respondents are to give the applicant one week's notice of the pruning works. (4) Each year the applicant is to allow any access necessary for these works to be completed during reasonable hours of the day. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – hedge – obstruction of view – whether the trees are severely obstructing a view – privacy – whether the trees' height is a condition of a Development Consent Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) Cases Cited: Haindl v Daisch [2011] NSWLEC 1145 Tenacity Consulting v Waringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Category: Principal judgment Parties: Robert Leslie Donkersley (Applicant) Alexander Leon Antolovich (First Respondent) Natalie Antolovich (Second Respondent) Representation: Counsel: R Donkersley (Litigant in person) (Applicant) J Doyle (Respondents)