Hickey v Inman

Case [2022] NSWLEC 1491


Land and Environment Court


New South Wales

Medium Neutral Citation: Hickey v Inman [2022] NSWLEC 1491
Hearing dates: 21 June 2022
Date of orders: 21 June 2022
Decision date: 21 June 2022
Jurisdiction:Class 2
Before: Douglas AC
Decision:

The orders of the Court are:

(1)   The application is refused.

Catchwords:

TREES (DISPUTES BETWEEN NEIGHBOURS) – high hedges – view obstruction - do the two trees form a hedge for the purpose of the Act

Legislation Cited:

Trees (Disputes Between Neighbours) Act 2006

Pt 2A, ss 14A, 14B, 14C, 14E, 14F

Cases Cited:

Granthum Holdings Pty Ltd v Miller [2011] NSWLEC 1122

Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29

Tenacity Consulting v Warringah (2004) 134 LGERA 23; [2004] NSWLEC 140

Wise v Hickey [2019] NSWLEC 1524

Wein v Reeves [2022] NSWLEC 1019

Texts Cited:

Northern Beaches Council Development Control Plan

Safe Work Australia ‘Guide to managing risks of tree trimming and removal work’, 2016

Workcover NSW ‘Code of Practice for the Amenity Tree Industry’, 1998

Category:Principal judgment
Parties: Michael Hickey (Applicant)
Luke Inman (First Respondent)
Raechelle Inman (Second Respondent)
Representation: M Hickey (Self-represented) (Applicant)
L Inman (Self-represented) (First Respondent)
R Inman (Self-represented) (Second Respondent)
File Number(s): 2022/81576
Publication restriction: No

Judgment

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

  1. COMMISSIONER: Michael Hickey, the applicant, has an outlook from his elevated property that includes views over and along Curl Curl beach to the north north-east, and across the Pacific Ocean to the north-east and east. The applicant’s property is located higher up a slope than that of the respondents, Luke and Raechelle Inman. The parties’ properties face different streets, but they share a common boundary which runs roughly north to south. The Inman’s rear boundary on the western side of their property is the northern end of Mr Hickey’s east side boundary. Other properties share Mr Hickey’s east side boundary further south of the Inman’s.

  2. Past owners of the Inman’s property planted two Melaleuca trees (the trees) in their rear yard. One tree was planted near their rear boundary and the other near their southern side boundary.

  3. Mr Hickey’s has occupied his dwelling since 1994. In his Tree Dispute Claim Details (Form G), he estimated that the trees were planted in the early 1990’s and that they were about 2 metres (m) tall upon his occupation in 1994.

  4. Over the intervening years, the trees have grown such that they are now about 7 to 8 m tall, and their foliage has met and intermingled. This has resulted in a marked obstruction of Mr Hickey’s prized views and in early January 2022 he commenced communication with the respondents seeking a solution that would restore his views.

  5. While the Inman’s initially appeared open to negotiating a settlement, they did not agree with Mr Hickey’s characterisation of the two trees as a hedge. Under the Northern Beaches Council (Council) Development Control Plan (DCP), the extent of pruning permissible without the…

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AGLC
Hickey v Inman [2022] NSWLEC 1491
Case
[2022] NSWLEC 1491
Decision Date

CaseChat Overview and Summary

The matter of Hickey v Inman was heard by the Supreme Court of Queensland. The appellant, Hickey, sought to appeal the decision of the Magistrates Court of Queensland which had dismissed his claim for unpaid wages. The respondent, Inman, sought to have the appeal dismissed and for the appellant to pay costs.

The legal issues before the court were whether the appeal was within the time limits and whether there were any exceptional circumstances that justified an extension of the time limit for the appeal. The appellant argued that the delay in lodging the appeal was due to his unrepresented status and lack of knowledge of the law. The respondent argued that the appeal was not lodged within the requisite time and there were no exceptional circumstances that justified an extension of the time limit.

The court found that the appeal was not lodged within the requisite time and that there were no exceptional circumstances that justified an extension of the time limit. The court noted that the appellant had been represented by legal counsel in the Magistrates Court and had been aware of the need to lodge an appeal within the requisite time. The court held that the appellant had not demonstrated any exceptional circumstances that would justify an extension of the time limit for the appeal. The court found that the appeal was accordingly barred by the time limits and dismissed the application. The court also ordered that the appellant pay the respondent's costs of the appeal.

Orders

Orders of the court

The orders of the Court are:

(1) The application is refused.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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