Reilly v Costello [2019] NSWLEC 1534

Land and Environment Court New South Wales

Medium Neutral Citation: Reilly v Costello [2019] NSWLEC 1534 Hearing dates: 31 October 2019 Date of orders: 31 October 2019 Decision date: 31 October 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: The application is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – hedges – bamboo – obstruction of sunlight – the bamboo is not planted so as to form a hedge – other tree in the application is a single tree – Part 2A only applies to groups of two or more trees Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) Cases Cited: Johnson v Angus (2012) 190 LGERA 334 Category: Principal judgment Parties: Kathleen Reilly (Applicant) Roxanne Costello (Respondent) Representation: K Reilly (Litigant in person) (Applicant) R Costello (Litigant in person) (Respondent) File Number(s): 2019/227056 Publication restriction: No

Judgment

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

The application 1. Kathleen Reilly ('the applicant') has applied to the Court pursuant to s 14B of the Trees (Disputes Between Neighbours) Act 2006 (NSW) ('the Trees Act') seeking orders for trees on neighbouring land owned by Roxanne Costello ('the respondent') to be removed or pruned. Ms Reilly says bamboo and a cape honeysuckle obstruct sunlight to glass doors of her dwelling. She wants the bamboo removed and the honeysuckle pruned.

Framework of this decision 1. Before I can make orders, I must be satisfied of each of the elements of Ms Reilly's application – that the trees are planted in groups of two or more so as to form hedges (s 14A(1)(a) of the Trees Act); that they rise to at least 2.5 metres (s 14A(1)(b)); and that they severely obstruct sunlight to windows of Ms Reilly's dwelling (s 14E(2)(a)(i)). I must also be satisfied at s 14E(1) that she has made reasonable effort to reach agreement.