Manasseh v Segal

Land and Environment Court New South Wales Medium Neutral Citation: Manasseh v Segal & anor [2016] NSWLEC 1014 Hearing dates:20 January 2016Date of orders: 20 January 2016 Decision date: 20 January 2016 Jurisdiction:Class 2Before: Galwey AC Decision: The application is upheld. See orders at paragraph 17. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); damage or injury; debris; obstruction of sunlight; orders for installation of a bracing cable. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Murray v Shoebridge [2007] NSWLEC 785 P. Baer Investments Pty Limited v University of New South Wales [2007] NSWLEC 128 Robson v Leischke [2008] NSWLEC 152 Category:Principal judgmentParties: Heather Manasseh (Applicant) Susanna Segal (First Respondent) Christopher Sheehan (Second Respondent) Representation: Heather Manasseh, litigant in person (Applicant) Susanna Segal, litigant in person (First Respondent) Christopher Sheehan, litigant in person (Second Respondent) File Number(s):20923 of 2015JudgmentThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication.Background A Queensland Brushbox (Lophostemon confertus) stands in a small rear courtyard in densely populated Ultimo. Ms Segal and Mr Sheehan (‘the respondents’) have owned the property, and the tree, since 2004. Their property is one in a row of west-facing terrace houses. A narrow right-of-way separates their rear courtyard from the back of another row of east-facing terrace houses. Ms Manasseh (‘the applicant’) has owned the property directly to the east of the tree for approximately 20 years. Ms Manasseh is troubled by the tree: by the debris it...