Schiff v Shnier [2019] NSWLEC 1535

Land and Environment Court New South Wales

Medium Neutral Citation: Schiff v Shnier [2019] NSWLEC 1535 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 views – the trees are not on land adjoining the applicant's land Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) Cases Cited: Dive v Lin [2017] NSWLEC 1348 Dive v Lin and Liu [2017] NSWLEC 153 Texts Cited: Department of Justice and Attorney General, Review of the Trees (Disputes Between Neighbours Act) 2006 (NSW) (November 2009) Category: Principal judgment Parties: Barbara Schiff (Applicant) Michael Shnier (First Respondent) Mandy Shnier (Second Respondent) Representation: Counsel: B Schiff (Litigant in person) (Applicant) S Nash (Respondents)

Solicitors: Boskovitz Lawyers (Respondents) File Number(s): 2019/259244 Publication restriction: No

Judgment

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

The application 1. Barbara Schiff ('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 bamboo and other vegetation to be pruned on a nearby property in Dover Heights. The bamboo grows on land owned by Michael and Mandy Shnier ('the respondents'). 2. Dr Schiff's property is at number 6 in the street, the respondents' at number 10. The properties are all rectangular, in series along the street. The Schiff property and the Shnier property are therefore separated by the property at number 8. Tenants at number 8, between the two properties, have written a letter supporting Dr Schiff's application.