Langer v Slezak; Langer v Cohn

Land and Environment Court New South Wales Medium Neutral Citation: Langer v Slezak & anor; Langer v Cohn [2015] NSWLEC 1031 Hearing dates:26 February 2015Date of orders: 26 February 2015 Decision date: 26 February 2015 Jurisdiction:Class 2Before: Galwey AC Decision: Orders by consent: see paragraph 14. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); hedges; obstruction of views; orders by consent; tree removal and replanting. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Wisdom v Payn [2011] NSWLEC 1012 Grantham Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Category:Principal judgmentParties: 21025 of 2014 Sylvia Langer (Applicant) Peter Slezak and Julianna Slezak (Respondents) 21026 of 2014 Sylvia Langer (Applicant) Steven Cohn (Respondent) Representation: Counsel: Patrick O’Brien, Solicitor (Applicant, both matters) Jacinta Reid, Barrister (Respondents in both matters) Solicitors: Harris & Company (Applicant, both matters) Baron & Associates (Respondents in both matters) File Number(s):21025 of 201421026 of 2014JudgmentThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication.Background When Ms Langer (“the applicant”) and her family moved into their Castlecrag home in 1974, they had largely uninterrupted views across properties to their north and northeast. Cypress trees on two adjoining properties have subsequently grown up into those views. Ms Langer has made two applications to the Land and Environment Court pursuant to section 14B of Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (“the Trees Act”) seeking orders for the trees to be reduced significantly in height. At the outset of the hearing the parties'...