Le Brocque v Bills

Land and Environment Court New South Wales Medium Neutral Citation: Le Brocque & anor v Bills & anor [2014] NSWLEC 1201 Hearing dates:29 September 2014Decision date: 29 September 2014 Jurisdiction:Class 2Before: Fakes C; Durland AC Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] Bamboo hedge; obstruction of sunlight; obstruction of views; balancing of interests Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Ball v Bahramali [2010] NSWLEC 1334 Devile & anor v Frith & anor [2014] NSWLEC 1002 Hinde v Anderson & anor [2009] NSWLEC 1148 Robson v Leischke [2008] NSWLEC 152; (2008) LGERA 280 Tenacity Consulting v Warringah Shire Council [2004] NSWLEC 140 Category:Principal judgmentParties: Mr L R Le Brocque and Mrs C M Le Brocque (Applicants) Mr E Bills and Ms C Clarke (Respondents) Representation: Applicants: Mr L R Le Brocque and Mrs C M Le Brocque (Litigants in Person) Respondents: Mr C Wilmot (Solicitor) Respondents: MRM Thompson Norrie File Number(s):20495 of 2014 JudgmentThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication.COMMISSIONERS: The applicants purchased their Fishing Point property on Lake Macquarie in 2001 and moved into their dwelling in 2003. In 2007 the respondents purchased the adjoining property to the west. In 2011, the respondents planted a row of bamboo along the rear portion of the common boundary with the applicants' property. The purpose of the planting was to screen their swimming pool from direct overlooking from the applicants' property.The applicants have applied under s 14B Part 2A of...