Wright v Jonjil Pty Limited

Land and Environment Court New South Wales Medium Neutral Citation: Wright v Jonjil Pty Limited [2016] NSWLEC 1070 Hearing dates:22 February 2016Date of orders: 26 February 2016 Decision date: 26 February 2016 Jurisdiction:Class 2Before: Fakes C Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] Hedge; obstruction of sunlight; inconclusive evidence – insufficient for the making of orders Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Deville & anor v Frith & anor [2014] NSWLEC 1002 Granthum Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Category:Principal judgmentParties: Mr C Wright (Applicant) Jonjil Pty Limited (Respondent) Representation: Applicant: Mr C Wright (Litigant in person) Respondent: No attendance File Number(s):21066 of 2015Judgment COMMISSIONER: The applicant has applied under s 14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (the Act) for orders seeking the removal of a Leyland Cypress hedge growing on the respondent’s Kellyville property. The orders are sought on the basis that the trees severely obstruct sunlight to windows of the applicant’s dwelling. As usual in these matters, the hearing commenced on site outside the respondent’s property. I knocked on the door and rang the doorbell three times; there was no response. I am satisfied on the material contained within the Court file that the respondent was appropriately served with both the Tree Dispute Application and the Directions of the Court. On this basis, the matter proceeded without the respondent. In applications made under Part 2A of the Act, there are a number of jurisdictional matters that must be...