Kentish v Maurer

Land and Environment Court New South Wales Medium Neutral Citation: Kentish v Maurer & anor [2015] NSWLEC 1393 Hearing dates:23 September 2015Date of orders: 23 September 2015 Decision date: 23 September 2015 Jurisdiction:Class 2Before: Galwey AC Decision: The application is upheld. See orders at paragraph 18. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); damage; injury; debris; orders for tree pruning. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Freeman v Dillon [2012] NSWLEC 1057 Category:Principal judgmentParties: Paul Kentish (Applicant) Kasey Maurer (First Respondent) Glenn Davis (Second Respondent) Representation: Paul Kentish, litigant in person (Applicant) Kasey Maurer and Glenn Davis, litigants in person (Respondents) File Number(s):20602 of 2015JudgmentThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication.Background Mr Kentish (‘the applicant’) has applied to the Land and Environment Court under Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (‘the Trees Act’) seeking orders for the removal of two trees within a neighbouring property, on the grounds that they may cause damage or injury, and because they drop debris such as leaves and twigs onto his property. In his application Mr Kentish sought the removal of one of these trees also for the reason that it obstructs views from his dwelling, under Part 2A of the Trees Act. When I explained that Part 2A only applies to trees that form a hedge, and he did not think that the neighbouring trees formed a hedge, he did not...