Wei v Clifton

Land and Environment Court New South Wales Medium Neutral Citation: Wei v Clifton [2014] NSWLEC 1227 Hearing dates:3 November 2014Decision date: 03 November 2014 Jurisdiction:Class 2Before: Fakes C Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] Hedge; obstruction of views and sunlight; Part 2A does not apply to individual specimens Legislation Cited: Trees (Disputes Between neighbours) Act 2006 Cases Cited: Johnson v Angus [2012] NSWLEC 192 Wisdom v Payn [2011] NSWLEC 1012 Category:Principal judgmentParties: Ms D Wei (Applicant) Mr K Clifton (Respondent) Representation: Applicant: Ms D Wei (Litigant in Person) Respondent: Ms Clifton (Agent) File Number(s):20554 of 2014 JudgmentThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication.COMMISSIONER: This is an application made under s 14B Part 2A of the Trees (Disputes Between neighbours) Act 2006 by an owner of a property in Campsie against the owner of trees growing on an adjoining property.Section 14B states:An owner of land may apply to the Court for an order to remedy, restrain or prevent a severe obstruction of:(a)Sunlight to a window of a dwelling situated on the land, or(b)Any view from a dwelling situated on the land, if the obstruction occurs as a consequence of trees to which this Part applies being situated on adjoining land.The applicant is seeking orders for the pruning of the branches of a Fig tree back beyond the dividing fence in order to remedy a severe obstruction of sunlight to windows of the applicant's dwelling and improvement of a view from the...