Hellier v Paver

Land and Environment Court New South Wales Medium Neutral Citation: Hellier & anor v Paver & anor [2015] NSWLEC 1235 Hearing dates:24 June 2015Date of orders: 24 June 2015 Decision date: 24 June 2015 Jurisdiction:Class 2Before: Galwey AC Decision: The application is dismissed Catchwords: Trees (Disputes Between Neighbours); hedge; obstruction of views; some trees not planted so as to form a hedge; obstruction not severe; application dismissed. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Johnson v Angus [2012] NSWLEC 192 Liddell v Jones [2014] NSWLEC 1183 Wisdom v Payn [2011] NSWLEC 1012 Category:Principal judgmentParties: Peter John Hellier (First Applicant) Narelle Ann Hellier (Second Applicant) Graham Kent Paver (First Respondent) Jill Eileen Paver (Second Respondent) Representation: Counsel: David Newhouse, solicitor (Applicants) Janine Wilson, solicitor (Respondents)   Solicitors: Newhouse & Arnold Solicitors (Applicants) Baker Love Lawyers (Respondents) File Number(s):20237 of 2015JudgmentThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication.Background Properties facing the lake at Coal Point enjoy peaceful surrounds and water views. Mr and Mrs Paver (‘the respondents’) bought and occupied one of these properties 27 years ago. Mr and Mrs Hellier (‘the applicants’) bought and occupied the adjoining property in 1996. Shortly before the Helliers moved in the Pavers planted a row of trees near the common boundary. Since then they have undertaken further plantings to consolidate this hedge (‘Hedge 1’), which now extends for a considerable length and contains two species: Lilly Pilly and Photinia. Two trees existed in the...