Hamman v Ip

Land and Environment Court New South Wales Medium Neutral Citation: Hamman v Ip [2015] NSWLEC 1416 Hearing dates:16 October 2015Date of orders: 16 October 2015 Decision date: 16 October 2015 Jurisdiction:Class 2Before: Fakes C Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] Hedge; severe obstruction of sunlight; insufficient evidence Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Local Government Act 1993 Cases Cited: Deville & anor v Frith & anor [2014] NSWLEC 1002 Hinde v Anderson & anor [2009] NSWLEC 1148 Category:Principal judgmentParties: Zelda Hamman (Applicant) Danuta Ip (Respondent) Representation: Applicant: Harry Hamman (Agent) Respondent: Danuta Ip (Litigant in person) File Number(s):20659 of 2015Judgment COMMISSIONER: The applicant has applied under s 14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (Trees Act) for orders seeking the pruning to four metres and subsequent annual pruning of two rows of trees growing on the respondent’s property. The orders are sought on the contention that the trees severely obstruct sunlight to 11 nominated windows of the applicant’s St Ives dwelling; specifically (as stated in the Application Claim Form) – “about 70% of sunlight is lost from sunrise to 11am every day of the year”. The response in the claim form indicates that at the time the application was made (late July) there was no direct sunlight to any of the nominated windows. The respondent disputes the claim and produced photographs taken of the rear of the applicant’s dwelling at various times of the day and year which, she says, demonstrate that the trees...