Scott v Rooney [2020] NSWLEC 1078

Land and Environment Court New South Wales

Medium Neutral Citation: Scott v Rooney [2020] NSWLEC 1078 Hearing dates: 5 December 2019 Date of orders: 16 January 2020 Decision date: 16 January 2020 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is granted. (2) Within 30 days of the date of these orders the respondent is to prune all Lilly Pilly trees in the hedge along the common boundary they share with the applicants as follows: (a) The three trees at the western end of the hedge (nearest the dwelling) are to be pruned to the height of the top of the lower section of the boundary wall. (b) The remaining trees are to be pruned to a height of 100 mm below the top of the lower section of the boundary wall. (3) On reasonable notice, the applicants are to allow any access required during reasonable hours of the day to clean up any debris that falls into their property as a result of the works above. (4) During the months of February, June and October, beginning June 2020, the respondent is to prune all Lilly Pilly trees in the hedge along the common boundary they share with the applicants as follows: (a) The three trees at the western end of the hedge (nearest the dwelling) are to be pruned to a height no greater than 100 mm above the top of the lower section of the boundary wall. (b) The remaining trees are to be pruned to the height of the top of the lower section of the boundary wall. (5) On reasonable notice, the applicants are to allow any access required during reasonable hours of the day to clean up any debris that falls into their property as a result of the works above. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – hedge – obstruction of views – whether all trees form part of the hedge – whether the view obstruction is severe – orders for pruning Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) Cases Cited: Haindl v Daisch [2011] NSWLEC 1145 Johnson v Angus (2012) 190 LGERA 334; [2012] NSWLEC 192 Tenacity Consulting v Waringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Wisdom v Payn [2011] NSWLEC 1012 Category: Principal judgment Parties: Christopher Scott (First Applicant) Sofie Scott (Second Applicant) Kristen Leisha Rooney (Respondent) Representation: Counsel G Stapleton (Applicants) F Berglund (Respondent)