Zhang v Davidson [2020] NSWLEC 1030

Land and Environment Court New South Wales

Medium Neutral Citation: Zhang v Davidson [2020] NSWLEC 1030 Hearing dates: 21 November 2019 Date of orders: 10 January 2020 Decision date: 10 January 2020 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) The application is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – hedge – obstruction of views – whether the finding of a severe obstruction of a view enables orders to be made to address a different view – whether the view obstruction is severe – application refused Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) Cases Cited: Holcroft v Rayner [2019] NSWLEC 1389 Steber v Job [2019] NSWLEC 1308 Tenacity Consulting v Waringah (2004) 134 LGERA 23 Watkins v Togias and Connelly [2019] NSWLEC 1355 Texts Cited: Review of the Trees (Disputes Between Neighbours) Act 2006 (NSW), Attorney General, November 2009 Category: Principal judgment Parties: Jianqiu Zhang (Applicant) Bruce Davidson (Respondent) Representation: Counsel: G Shapiro (Solicitor) (Applicant) R Buttrose (Agent) (Respondent)

Solicitors: Hones Lawyers (Applicant) File Number(s): 2019/228006 Publication restriction: No

Judgment

The application 1. From the heights of Vaucluse, views to the west take in the harbour, the Harbour Bridge and the Opera House. Seeking to retain such views, Jianqiu Zhang ('the applicant') has applied to the Court pursuant to s 14B (Part 2A) of the Trees (Disputes Between Neighbours) Act 2006 (NSW) ('the Trees Act'), wanting orders for trees in a neighbouring hedge to be maintained below a certain height. The hedge is formed by a row of Leyland cypress (Cupressus × leylandii) ('the trees'), planted close to the common boundary on the neighbouring property owned by Bruce Davidson ('the respondent').