Pongrass v Caridad [2019] NSWLEC 1468

Land and Environment Court New South Wales

Medium Neutral Citation: Pongrass v Caridad [2019] NSWLEC 1468 Hearing dates: 14 August 2019 Date of orders: 27 September 2019 Decision date: 27 September 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: The orders of the Court are: (1) The application to prune the Pearce Street hedge is refused. (2) The application to prune the boundary hedge is granted. (3) During January, April, July and October each year, beginning October 2019, the respondents are to engage a suitably experienced and insured contractor to prune the bamboo hedge along their eastern boundary, north of the dwelling, so that no part of the bamboo is taller than 2.5 metres in height, measured from ground level near the base of the wooden planter in which the bamboo grows. (4) On reasonable notice, 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 – application concerns two hedges on two neighbouring properties – bamboo – obstruction of view – whether the trees are severely obstructing a view – privacy – whether the view was available to the applicant before the hedge grew Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) Cases Cited: Tenacity Consulting v Waringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Texts Cited: Woollahra Development Control Plan 2014 Category: Principal judgment Parties: Nicolas Pongrass (Applicant) John Caridad (First Respondent) Maribel Caridad (Second Respondent) Representation: Counsel: A Landro (Solicitor) (Applicant) C Campbell (Solicitor) (Respondents)