Sader v Hunt

[2025] NSWLEC 1026

Land and Environment Court

New South Wales

Medium Neutral Citation:

Sader v Hunt [2025] NSWLEC 1026

Hearing dates:

15 January 2025

Date of orders:

20 January 2025

Decision date:

20 January 2025

Jurisdiction:

Class 1

Before:

Horton C

Decision:

The Court orders that:

(1) The application is dismissed.

Catchwords:

TREES (Disputes between neighbours): whether reasonable effort made – whether obstruction is severe – whether powers of the Court enlivened

Legislation Cited:

Trees (Disputes between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14C, 14D, 14E, 14F

Cases Cited:

Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152.

Tenacity Consulting v Warringah Shire Council (2004) 134 LEGRA 23; [2004] NSWLEC 140

Category:

Principal judgment

Parties:

Nathalie Sader (Applicant)
Nathan Hunt (Respondent 1)
Andrea Hunt (Respondent 2)

Representation:

Counsel:
B Gallifuoco (Applicant)
J Hunt (Agent)

Solicitors:
Sage Solicitors (Applicant)
J Hunt (Agent)

File Number(s):

2024/412460

Publication restriction:

Nil

Judgment

1. COMMISSIONER: An application has been made under Part 2A of the Trees (Disputes between Neighbours) Act 2006 (Trees Act), seeking orders for the removal of trees on a property in the southern Sydney suburb of Illawong.

2. The applicant, Ms Sader, believes three groups of trees at No 8 Peru Place obstruct either sunlight or views, or both sunlight and views, from various locations around her property at No 7 Peru Place, Illawong.

3. It is helpful to briefly describe the houses in Peru Place are set high on steeply sloping terrain, with views generally to the west and north to the Georges River and beyond. The Applicant’s property overlooks an adjoining property at 8 Peru Place, on which the trees are located.

4. The grouping of the trees on No 8 Peru Place is useful to set out here as follows:

1. Group 1: A murraya hedge planted along the south western boundary of the shared boundary.

2. Group 2: A large clump of vegetation identified as Bamboo Palm and Bamboo, also planted along the south western boundary of the shared boundary.

3. Group 3: A hedge comprising Cupressus and bamboo planted along the eastern boundary of the adjoining land at No 8 Peru Place.

5. Ms Sader seeks orders as follows:

1. Within 30 days of the date of the date of these orders, the respondents, at their expense, shall prune and thereafter maintain the hedges as follows:

a. The Murraya hedge on the south western boundary of 8 Peru Place, Illawong is to be pruned to a height of 2.5m;

b. In respect of the hedge comprising Bamboo and Palms along the southern boundary of 8 Peru Place, Illawong:

i. The Bamboo is to be pruned to a height of 2.5m; and

ii.The Palms are to be sufficiently thinned to provide solar access to 7 Peru Place, Illawong; and

c. The hedge, comprising Cupressus and other species, located on the eastern boundary of 8 Peru Place, Illawong is to be pruned to a height of 2.5m

2.The pruning works in Order 1 AQF Level 3 qualified arborists or qualified horticulturalists (the contractor), with…