Griffiths v Owners Corporation Strata Plan 9383

Land and Environment Court New South Wales Medium Neutral Citation: Griffiths & anor v Owners Corporation Strata Plan 9383 [2016] NSWLEC 1294 Hearing dates:18 July 2016Date of orders: 18 July 2016 Decision date: 18 July 2016 Jurisdiction:Class 2Before: Fakes C Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] Hedge; obstruction of views; obstruction not severe Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Ball v Bahramali [2010] NSWLEC 1334 Haindl v Daisch [2011] NSWLEC 1145 Kiely v Willock; Kiely v Williams & anor [2015] NSWLEC 1356 Tenacity Consulting v Warringah Shire Council [2004] NSWLEC 140 Category:Principal judgmentParties: Applicants: Deryck & Shirley Griffiths Respondent: Owners Corporation Strata Plan 9383 Representation: Applicant: Mr D Griffiths (Litigant in person) Respondents: Ms J Graham, Mr J Willock, Mr M Williams (agents/ owners) File Number(s):153968 of 2016Judgment COMMISSIONER: Since 2006 the applicants have owned a unit in Queenscliff. In their application claim form they state that at that time, they obtained good daytime views of the ocean and Manly Beach from their living area and balcony. In the evening, they enjoyed the view of the broad span of lights across the full width of Manly Bay. The applicants contend that while a view of Manly Beach remains across the rooftop of the respondent’s dwelling, the growth of five Casuarina trees on the respondent’s driveway has considerably diminished the applicants’ day and night views to the point where it no longer includes the broad bay with its waves sweeping in to the surf and shoreline. The...