Holpert v Sarsfield

Land and Environment Court New South Wales Medium Neutral Citation: Holpert & anor v Sarsfield & anor [2016] NSWLEC 1031 Hearing dates:25 January 2016Date of orders: 04 February 2016 Decision date: 04 February 2016 Jurisdiction:Class 2Before: Fakes C Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] Hedge; obstruction of sunlight and views; planter box; height above ground level; dwelling under construction - windows not yet installed; no severe obstruction Legislation Cited: Dividing Fences Act 1991 Trees (Disputes Between Neighbours) Act 2006 Trees (Disputes Between Neighbours) Regulation 2014 Cases Cited: Blau v Levi [2010] NSWLEC 1371 Granthum Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Category:Principal judgmentParties: Mr O Holpert and Ms C Koellner (Applicants) Mr A Sarsfield and Ms G Smart (Respondents) Representation: Applicants: Mr O Holpert (Litigant in person) Respondents: Mr S Latham (Solicitor)   Solicitors: Respondents: Stuart Latham Solicitors File Number(s):21056 of 2015Judgment COMMISSIONER: The applicants have applied under s 14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (Trees Act) for orders seeking the removal of a bamboo hedge growing in a planter box on the respondents’ property. The orders are sought on the basis that the bamboo severely obstructs sunlight to windows of their dwelling and views from their dwelling. In applications under Part 2A there are a number of jurisdictional tests that must be sequentially satisfied before the Court’s powers to make orders under s 14D are engaged. The first of these tests is to determine whether the trees, the subject of the application, are trees...