De Jesus Sampaio v Rajaratnam [2020] NSWLEC 1116

Land and Environment Court New South Wales

Medium Neutral Citation: De Jesus Sampaio v Rajaratnam [2020] NSWLEC 1116 Hearing dates: 27 February 2020 Date of orders: 27 February 2020 Decision date: 27 February 2020 Jurisdiction: Class 2 Before: Douglas AC Decision: Refer to Orders at [35] Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – high hedges – severe obstruction of views Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Grantham Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Tenacity Consulting v Warringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Texts Cited: Safe Work Australia, Guide to Managing Risks of Tree Trimming and Removal Work, 2016 Category: Principal judgment Parties: Jose Manuel De Jesus Sampaio (Applicant) Kumar Rajaratnam (Respondent) Representation: Mr De Jesus Sampaio (Litigant in person) (Applicant) Mr Rajaratnam (Litigant in person) (Respondent) File Number(s): 2019/355540 Publication restriction: No

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1. COMMISSIONER: Mr De Jesus Sampaio submitted an application, pursuant to section 14B of Part 2A of the Trees (Disputes between Neighbours) Act 2006 (the Act), on the basis that a hedge in his adjacent neighbour's property severely restricts views. He also claimed that it severely blocked sunlight to a window. 2. Mr De Jesus Sampaio occupied his property in Bundeena in late 2016, at which point a row of seven Lilly Pilly's (Syzygium sp) (the trees), planted about five years ago by Mr Rajaratnam, the respondent, had attained a height lower than the applicant's balcony balustrade. Since then, the trees have grown to a height of about six metres.