McIntosh v Humphrey

Land and Environment Court New South Wales Medium Neutral Citation: McIntosh v Humphrey & anor [2015] NSWLEC 1115 Hearing dates:23 April 2015Date of orders: 23 April 2015 Decision date: 23 April 2015 Jurisdiction:Class 2Before: Fakes C Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] Hedge, views; trees not a hedge for the purpose of the Act Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Cavalier v Young [2011] NSWLEC 1080 Coleman & anor v Leddy & anor [2013] NSWLEC 1094 Grantham Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Johnson v Angus [2012] NSWLEC 192 Wisdom v Payne [2011] NSWLEC 1012 Category:Principal judgmentParties: Mr P McIntosh (Applicant) Mr G and Mrs S Humphrey (Respondents) Representation: Counsel: Applicant: Mr P McIntosh (Litigant in person) Respondents: Mr G and Mrs S Humphrey (Litigants in person) Solicitors: File Number(s):20089 of 2015Judgment COMMISSIONER:   The applicant owns a property in Balgowlah. The respondents own the adjoining property to the west and downslope of the applicant’s property. The applicant contends that trees growing on the respondents’ property severely obstruct views of the northern part of Sydney Harbour and of ferries arriving and departing the Manly wharf. The applicant has applied under s14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act) seeking the following orders: The owner must permanently remove creepers, in particular the bougainvillea, that grow into the trees, and neighbouring properties, that create a solid canopy obstructing our views. The owner must prevent the current, or future, trees from growing...