Golchin & Ors v Lakis & Anor [2012] NSWLEC 1180

Golchin & Ors v Lakis & Anor [2012] NSWLEC 1180

The three planted trees formed a hedge higher than 2.5 m and created a continuous border of vegetation along the respondents' boundary. They severely obstructed iconic views from the applicants' main living areas, and the obstruction could be remedied by pruning without excessive harm to the trees or loss of the respondents' amenity. Pruning to 4 m and maintenance at 4.5 m was preferable to ensure the views were restored and maintained.

Jurisdiction
Australia
Judgment Date
06 July 2012
Procedural Posture
Class 2 Application Under Part 2 a of the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment After Onsite Hearing
Outcome
Application upheld in part.
Legal Topics
['hedge' 'obstruction of Views' 'iconic Views' 'pruning Orders']
['land and Environment' 'trees Disputes Between Neighbours'] ['hedge' 'obstruction of Views' 'iconic Views' 'pruning Orders']

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Procedural Posture

Class 2 Application Under Part 2 a of the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment After Onsite Hearing

Legal Issues

  1. 1 ['Whether the three trees formed a hedge within s 14A(1) of the Trees (Disputes Between Neighbours) Act 2006.' "Whether the trees severely obstructed views from the applicants' dwelling within s 14E(2)(a)(ii)." 'Whether pruning and future maintenance orders should be made, and to what height.']

Ratio Decidendi

The three planted trees formed a hedge higher than 2.5 m and created a continuous border of vegetation along the respondents' boundary. They severely obstructed iconic views from the applicants' main living areas, and the obstruction could be remedied by pruning without excessive harm to the trees or loss of the respondents' amenity. Pruning to 4 m and maintenance at 4.5 m was preferable to ensure the views were restored and maintained.

Court Disposition

Application upheld in part.

Orders

  • ["The application to prune and maintain three trees in the respondents' property is upheld in part." 'Within 30 days of the date of these Orders the respondents are to prune the three trees T1, T2 and T3 to a height not exceeding 4 m measured from ground level at the base of each tree.' 'The respondents are to...