Taylor v Cicco

Land and Environment Court New South Wales Medium Neutral Citation: Taylor v Cicco [2016] NSWLEC 1498 Hearing dates:25 October 2016Date of orders: 28 October 2016 Decision date: 28 October 2016 Jurisdiction:Class 2Before: Fakes C Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] Hedge – views; obstruction not severe Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Interpretation Act 1987 Cases Cited: Deville & anor v Frith & anor [2014] NSWLEC 1002 Haindl v Daisch [2011] NSWLEC 1145 Jayawardena v Salvia & anor [2015] NSWLEC 1191 McDougall v Philip [2011] NSWLEC 1280 Tenacity Consulting v Warringah Shire Council [2004] NSWLEC 140 Category:Principal judgmentParties: Adam Taylor (Applicant) Belinda Cicco (Respondent) Representation: Applicant: Mr A Taylor (Litigant in person) Respondent: Ms N Hammond (Barrister)   Solicitors: Respondent: Cohen & Krass File Number(s):175678 of 2016Judgment COMMISSIONER:   The applicant, Mr Taylor, purchased his apartment in 2013; he contends that since then, trees on the respondent’s property have grown and now severely obstruct views from his dwelling. Mr Taylor has applied under s 14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (Trees Act) for orders seeking the removal of four trees growing at the rear of the respondent’s property. In applications under Part 2A, there are a series of jurisdictional tests which must be sequentially satisfied before the Court’s powers to make orders are engaged. The first test, in s 14A(1)(a) is whether the trees are trees to which Part 2A applies; that is, are there two or more trees planted so as to form a...