Lazenby v Bergquist

Land and Environment Court New South Wales Medium Neutral Citation: Lazenby & ors v Bergquist [2014] NSWLEC 1147 Hearing dates:23 July 2014Decision date: 23 July 2014 Jurisdiction:Class 2Before: Galwey AC Decision: The application is dismissed Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); hedges; views; sunlight; bamboo; damage; no evidence of damage; application dismissed. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Trees (Disputes Between Neighbours) Regulation 2014 Cases Cited: Hinde v Anderson & anor [2009] NSWLEC 1148 Tooth v McCombie [2011] NSWLEC 1004 Yang v Scerri [2007] NSWLEC 592 Category:Principal judgmentParties: APPLICANTS Keith Lazenby (first applicant) Brian Lazenby (second applicant) Barbara Cook (third applicant) RESPONDENTS Mark Bergquist (first respondent) Constance Bergquist (second respondent) Representation: APPLICANTS Brian Lazenby (Litigant in person) Barbara Cook (Litigant in person) RESPONDENTS No appearance File Number(s):20213 of 2014 JudgmentThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication.The applicationThree siblings, Messrs. Lazenby and Ms Cook ("the applicants"), own a dwelling in a residential Murwillumbah street. The second applicant lives at the dwelling. Until recently a tall clump of bamboo grew on the neighbouring property, owned by the Bergquists ("the respondents"). The applicants became concerned that the bamboo was blocking sunlight to, and views from, their dwelling. They were also concerned that roots of the bamboo may interfere with and damage their sewer pipes. They originally applied to the Court pursuant to Part 2A of the Trees (Disputes Between Neighbours) Act 2006 seeking orders from the bamboo's removal. Part 2A of the...