Hargreaves v Henry [2012] NSWLEC 1036

Hargreaves v Henry [2012] NSWLEC 1036

The bamboo was a hedge to which Part 2A applied, and it caused a severe obstruction of the applicants' bushland view, enlivening the Court's jurisdiction. Annual pruning to six metres, limited to the bamboo along the western boundary and along the northern boundary within nine metres of the northwest corner, would prevent severe long-term obstruction while maintaining most of the respondents' privacy and other benefits of the bamboo.

Jurisdiction
Australia
Judgment Date
15 February 2012
Procedural Posture
Class 2 Application Under Part 2 a of the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment; Extemporaneous Decision Revised and Edited Prior to Publication
Outcome
Pruning orders made.
Legal Topics
['bamboo Hedge' 'obstruction of Views' 'pruning Orders' 'privacy Screening']
['land and Environment' 'neighbour Tree Disputes'] ['bamboo Hedge' 'obstruction of Views' 'pruning Orders' 'privacy Screening']

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Procedural Posture

Class 2 Application Under Part 2 a of the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment; Extemporaneous Decision Revised and Edited Prior to Publication

Legal Issues

  1. 1 ['Whether the bamboo was a hedge according to s 14A(1) of the Trees (Disputes Between Neighbours) Act 2006.' "Whether the bamboo was severely obstructing a view from a dwelling on the applicants' land within s 14E(2)(a)(ii)." "Whether the applicants' interest in dealing with the severity and nature of the obstruction outweighed matters making interference with the bamboo undesirable under s 14E(2)(b)." 'What pruning orders, if any, were appropriate.']

Ratio Decidendi

The bamboo was a hedge to which Part 2A applied, and it caused a severe obstruction of the applicants' bushland view, enlivening the Court's jurisdiction. Annual pruning to six metres, limited to the bamboo along the western boundary and along the northern boundary within nine metres of the northwest corner, would prevent severe long-term obstruction while maintaining most of the respondents' privacy and other benefits of the bamboo.

Court Disposition

Pruning orders made.

Orders

  • ['The respondent is to prune all bamboo along the western boundary and along the northern boundary within nine metres of the northwest corner of the property, to a height of no more than six metres, within one month of the date of these orders.' 'In March of every year, beginning in 2013, the respondent is to prune...