Doerner v Vincent

Land and Environment Court New South Wales Medium Neutral Citation: Doerner & anor v Vincent [2015] NSWLEC 1186 Hearing dates:27 May 2015Date of orders: 27 May 2015 Decision date: 27 May 2015 Jurisdiction:Class 2Before: Fakes C Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] Hedge; views and sunlight; not a severe obstruction Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Granthum Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Haindl v Daisch [2011] NSWLEC 1145 Tenacity Consulting v Warringah Shire Council [2004] NSWLEC 140 Category:Principal judgmentParties: Applicants: Mr R Doerner and Ms L Dixon Respondent: Ms J Vincent Representation: Applicants: Litigants in person Respondent: Litigant in person File Number(s):20127 of 2015JudgmentThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication. COMMISSIONER:   The applicants have applied under s14 B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (the Act) seeking orders for the pruning to 3m of a row of trees growing on an adjoining property. The orders are sought on the basis that the trees are severely obstructing views of the ocean from their dwelling and sunlight to the windows of a bedroom. The applicants are also concerned that the trees will continue to grow and further obstruct their views. The respondent values the trees for the privacy they afford the family’s swimming pool and backyard. In applications made under Part 2A of the Act there are a number of jurisdictional tests that must be satisfied before the Court’s powers to...