Grady v St Vincent

Land and Environment Court New South Wales Medium Neutral Citation: Grady v St Vincent & anor [2014] NSWLEC 1202 Hearing dates:1 October 2014Decision date: 01 October 2014 Jurisdiction:Class 2Before: Fakes C Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] Potential damage to property and risk of injury; Hedge - sunlight and views Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kryiakides [2007] NSWLEC 292 Robson v Leischke [2008] NSWLEC 152; (2008) LGERA 280 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Tooth v McCombie [2011] NSWLEC 1004 Yang v Scerri [2007] NSWLEC 592 Category:Principal judgmentParties: Mr F P Grady (Applicant) Mr G St Vincent and Ms P St Vincent (Respondents) Representation: Applicant: Mr F P Grady (Litigant in person) Respondents: Mr T McGrath (Solicitor) Respondents: Johnson & Sendall File Number(s):20458 of 2014 JudgmentThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication.COMMISSIONER: The applicant has resided on his Goulburn property since 1962. The respondents purchased their home about 17 years ago. About 10 years ago the respondents planted a number of trees along their rear southern boundary, close to the dividing fence between the parties' properties. Apart from these trees, a number of others pre-existed their purchase of the property and other trees were planted at other times.The applicant has applied under both s 7 Part 2 and s 14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act) for orders seeking the pruning of...