Thompson v Quine

[2021] NSWLEC 1645

Land and Environment Court

New South Wales

Medium Neutral Citation:

Thompson v Quine [2021] NSWLEC 1645

Hearing dates:

19 October 2021

Date of orders:

19 October 2021

Decision date:

19 October 2021

Jurisdiction:

Class 1

Before:

Galwey AC

Decision:

The Court orders that:

(1) The application is granted to the extent of the orders below.

(2) Until the lilly pilly trees in the hedge along the respondent’s southern boundary are removed, during November each year beginning November 2021, the respondent is to prune, or is to engage a suitably insured landscape contractor or arborist to prune, all lilly pilly trees in the hedge so that they are no more than 100 mm above the top of the adjacent boundary wall.

(3) The respondent is to give the applicant at least 2 days’ notice of each pruning event in order (2).

(4) Should the applicant want any debris from pruning ordered in (2) to be removed from her property, she is to provide any access required for this during reasonable hours of the day.

Catchwords:

TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2A application – obstruction of sunlight and views – whether all trees are planted so as to form a hedge – whether the obstruction is severe – height of the trees when the applicant purchased their property – pruning ordered

Legislation Cited:

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

Cases Cited:

Johnson v Angus (2012) 190 LGERA 334; [2012] NSWLEC 192

Jones v Cooper [2020] NSWLEC 1688

Wisdom v Payn [2011] NSWLEC 1012

Category:

Principal judgment

Parties:

Elizabeth Thompson (Applicant)
Christine Quine (Respondent)

Representation:

Counsel:
E Thompson (Litigant in Person) (Applicant)
O Yeatman (Solicitor) (Respondent)

Solicitors:
RMB Lawyers (Respondent)

File Number(s):

2021/181563

Publication restriction:

No

Judgment

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

Background to the application

1. Elizabeth Thompson (‘the applicant’) has applied to the Court pursuant to s 14B (Pt 2A) of the Trees (Disputes Between Neighbours) Act 2006 (‘the Trees Act’), seeking orders for neighbouring trees to be pruned and maintained so as to restore views from, and sunlight to, her Thirroul dwelling. The trees subject to the application are on the adjoining property to Ms Thompson’s north, belonging to Christine Quine (‘the respondent’).

Framework for this decision

2. Before the Court can make orders under Pt 2A of the Trees Act, several jurisdictional tests must be met:

• The trees (there must be at least two) must be planted on adjoining land so as to form a hedge that rises to a height of at least 2.5 metres (s 14A(1) of the Trees Act);

• The applicant must make reasonable effort to reach agreement with the tree owners (s 14E(1));

• The trees must be severely obstructing either sunlight to a window of the applicant’s dwelling, or a view from the dwelling (s 14E(2)(a)); and

• The obstruction is such that the applicant’s interest in mitigating the issue outweighs any reasons to avoid interfering…