Liney v Friend

[2025] NSWLEC 1559

Land and Environment Court

New South Wales

Medium Neutral Citation:

Liney v Friend [2025] NSWLEC 1559

Hearing dates:

27 June 2025

Date of orders:

27 June 2025

Decision date:

27 June 2025

Jurisdiction:

Class 2

Before:

Galwey AC

Decision:

The Court orders:

(1)   The application is refused.

(2)   The exhibits are returned, other than Exhibit A.

Catchwords:

TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2A application – neighbouring hedge – obstruction of sunlight and views – whether the obstruction is severe

Legislation Cited:

Trees (Disputes Between Neighbours) Act 2006, ss 14A, 14B, 14D, 14E, 14F

Cases Cited:

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

Category:

Principal judgment

Parties:

Steven Peter Liney (Applicant)
Tony Friend (First Respondent)
Dianne Friend (Second Respondent)

Representation:

Counsel:
S Liney (Self-represented) (Applicant)
T Friend (Self-represented) (First Respondent)
D Friend (Self-represented) (Second Respondent)

File Number(s):

2025/64185

Publication restriction:

Nil

Judgment

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

Background

1. COMMISSIONER: Steven Liney has applied to the Court seeking orders for his neighbours, Tony and Dianne Friend, to prune and maintain trees on their property. Mr Liney claims that the Friends’ trees obstruct sunlight to, and views from, the dwelling on his Corlette property where he lives with his family. Mr Liney claims that the Friends’ trees will also obstruct views and sunlight for a second dwelling he proposes to build on his property.

2. The hearing took place onsite, allowing me to observe the Friends’ trees and the benefits they provide to the Friends, and Mr Liney’s property and the impacts of the trees to sunlight and views on his property. The parties were self-represented.

Framework for this decision

3. The application is made pursuant to s 14B (Pt 2A) of the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act). The trees are on land adjoining the applicant’s land. The orders he seeks are orders the Court can make at s 14D of the Trees Act. Therefore, relevant issues to be determined in these proceedings are:

• Whether the trees are ones to which Pt 2A of the Trees Act applies: s 14A of the Trees Act.

• Whether the applicant has made a reasonable effort to reach agreement with the respondents and given the required notice of the application: s 14E(1).

• Whether the Court can be satisfied that the trees are severely obstructing sunlight to the applicant’s windows or views from the applicant’s dwelling: s 14E(2)(a).

• Whether the Court can be satisfied that the applicant’s interests outweigh reasons for not interfering with the trees: s 14E(2)(b).

• If orders are to be made, how consideration of the relevant matters at s 14F of the Trees Act should influence those orders.

4. When considering below the extent of any sunlight or view obstruction, I consider only the trees’ impacts to the existing dwelling on Mr Liney’s property. He may or may not construct a second dwelling in future, but the Trees Act does not provide jurisdiction for the Court to…