Eaton v Morris

Land and Environment Court New South Wales Medium Neutral Citation: Eaton & anor v Morris & anor [2016] NSWLEC 1314 Hearing dates:29 July 2016Date of orders: 29 July 2016 Decision date: 29 July 2016 Jurisdiction:Class 2Before: Fakes C; Durland AC Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] Hedge; obstruction of views; amended application 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 Johnson v Angus [2012] NSWLEC 192 Tenacity Consulting v Warringah Shire Council [2004] NSWLEC 140 Category:Principal judgmentParties: Applicants: Peter Eaton and Leanne Eaton Respondents: Warwick Morris and Lee Hardwick Representation: Applicants: J Goodwin (Solicitor) Respondents: Ms N Hammond (Barrister)   Solicitors: Applicants: Wood Marshall Williams Pty Ltd Respondents: Watson & Watson Solicitors File Number(s):153024 of 2016Judgment COMMISSIONERS: In April 2016 the applicants applied under s 14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (Trees Act) for orders seeking the pruning of ten trees growing on the respondents’ property to a height of 3m and their subsequent pruning to that height every five months. The orders are sought on the basis that the respondents’ trees severely obstruct views of the Sydney CBD, Opera House and Harbour Bridge from the front verandah of the applicants’ Mosman dwelling. The trees the subject of the application are described as ‘conifer trees’ and numbered from 1-10. The trees identified in the plan in the application claim form are located along the northern boundary of the respondents’...