Williams v Johnson

Land and Environment Court New South Wales Medium Neutral Citation: Williams v Johnson [2014] NSWLEC 1176 Hearing dates:27 August 2014Decision date: 27 August 2014 Jurisdiction:Class 2Before: Galwey AC Decision: The application is dismissed. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); hedges; views; sunlight; obstruction not severe; application dismissed. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Uniform Civil Procedure Rules 2005 Cases Cited: Grantham Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Haindl v Daisch [2011] NSWLEC 1145 Hinde v Anderson & anor [2009] NSWLEC 1148 Van Hoorn v Sullivan & anor [2013] NSWLEC 1111 Category:Principal judgmentParties: Garry Williams (Applicant) Wilma Johnson (Respondent) Representation: Garry Williams, litigant in person (Applicant) Wilma Johnson, litigant in person (Respondent) File Number(s):20351 of 2014 JudgmentThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication.The applicationMrs Wilma Johnson (the respondent) has lived at her Thirroul property for 7 years. She enjoys her large garden, which includes trees and shrubs. The Williams (Mr Garry Williams is the applicant) purchased the neighbouring property in 2009. At that time the large property had a single dwelling, but now appears to be subdivided. During 2011 and 2012 the Williams constructed their new dwelling on the eastern part of that property, close to the common boundary with Mrs Johnson's property. Concerned about her privacy and overlooking issues, Mrs Johnson planted some trees on her side of the common boundary around the time of construction.The trees have grown since then so that some have reached the...