Medway v Smyth-King

Land and Environment Court New South Wales Medium Neutral Citation: Medway & anor v Smyth-King & anor [2015] NSWLEC 1011 Hearing dates:2 February 2015Date of orders: 02 February 2015 Decision date: 02 February 2015 Jurisdiction:Class 2Before: Fakes C Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] Hedge, obstruction of views Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Ball v Bahramali [2010] NSWLEC 1334 Devile & anor v Frith & anor [2014] NSWLEC 1002 Granthum Holdings Pty Ltd v Miller [2011] NSWLEC 122 Tenacity Consulting v Warringah Shire Council [2004] NSWLEC 140 Tooth v McCombie [2011] NSWLEC 1004 Category:Principal judgmentParties: H & W Medway (Applicants) E & J Smyth-King (Respondents) Representation: Counsel: Applicants: H & W Medway (Litigants in person) Respondents: E & J Smyth-King (Litigants in person) Solicitors: File Number(s):20814 of 2014Judgment COMMISSIONER: Section 14B, Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (the Act) enables an owner of land to apply to the Court for an order to remedy, restrain or prevent a severe obstruction of sunlight to a window of a dwelling situated on the applicant’s land or a severe obstruction of any view from a dwelling situated on the land, if the obstruction occurs as a consequence of trees to which Part 2A applies being situated on adjoining land. The applicants have applied to the Court for orders for the pruning and subsequent maintenance, three times a year, of a row of Leighton Green Leyland Cypress trees growing along the rear of the respondents’...