Constantinou v Luxford-Pearson

Land and Environment Court New South Wales Medium Neutral Citation: Constantinou & anor v Luxford-Pearson [2016] NSWLEC 1496 Hearing dates:27 October 2016Date of orders: 27 October 2016 Decision date: 27 October 2016 Jurisdiction:Class 2Before: Fakes AC Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] Hedge; obstruction of sunlight; trees pruned before hearing Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category:Principal judgmentParties: Applicants: Costa & Angela Constantinou Respondent: Jenice Luxford-Pearson Representation: Applicants: Ms A Constantinou (Litigant in person) Respondent: Ms J Luxford-Pearson (Litigant in person) File Number(s):259510 of 2016Judgment COMMISSIONER: The applicants have applied under s 14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (Trees Act) for orders seeking the pruning of a Leyland Cypress hedge growing on the respondent’s property to a height of 2.5m. The orders are sought on the basis that the trees severely obstruct sunlight to windows of their Burradoo dwelling. At the request of the parties the matter was set down for a consent orders hearing by telephone on the proviso that consent orders could only be made if I could be satisfied that the Court’s jurisdiction to make those orders were engaged. I am satisfied that the trees are trees to which the Part applies and are wholly located on the respondent’s land. The key jurisdictional test in applications made under Part 2A is found in s 14E(2) which states: (2)   The Court must not make an order under this Part unless it is satisfied:(a)   the trees concerned:(i)   are severely obstructing sunlight to...