Burns & anor v St Clair & anor [2015] NSWLEC 1185

Burns & anor v St Clair & anor [2015] NSWLEC 1185

The bamboo was a hedge of trees within Part 2A and reasonable efforts to reach agreement had been made, but the obstruction of views from the applicants' dwelling was moderate rather than severe. Because s 14E(2)(a)(ii) was not satisfied, the Court's jurisdiction to make orders under s 14D was not engaged, and the application had to be dismissed.

Jurisdiction
Australia
Judgment Date
25 May 2015
Procedural Posture
Class 2 Application Under S 14 B of the Trees (disputes Between Neighbours) Act 2006 for Orders Concerning a Bamboo Hedge Alleged to Obstruct Views. / Final Determination After Hearing; Extemporaneous Decision Revised and Edited Prior to Publication.
Outcome
Application dismissed.
Legal Topics
['hedge' 'obstruction of Views' 'bamboo' 'view Sharing' 'jurisdictional Threshold Under Part 2 a of the Trees (disputes Between Neighbours) Act 2006']
['land and Environment' 'trees Disputes Between Neighbours'] ['hedge' 'obstruction of Views' 'bamboo' 'view Sharing' 'jurisdictional Threshold Under Part 2 a of the Trees (disputes Between Neighbours) Act 2006']

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Procedural Posture

Class 2 Application Under S 14 B of the Trees (disputes Between Neighbours) Act 2006 for Orders Concerning a Bamboo Hedge Alleged to Obstruct Views. / Final Determination After Hearing; Extemporaneous Decision Revised and Edited Prior to Publication.

Legal Issues

  1. 1 ['Whether the bamboo was a hedge of trees to which Part 2A of the Trees (Disputes Between Neighbours) Act 2006 applied.' 'Whether the parties had made a reasonable effort to reach agreement as required by s 14E(1).' "Whether the bamboo was severely obstructing a view from the applicants' dwelling within s 14E(2)(a)(ii)." 'Whether the severity and nature of any obstruction justified orders interfering with the bamboo under s 14E(2)(b).']

Ratio Decidendi

The bamboo was a hedge of trees within Part 2A and reasonable efforts to reach agreement had been made, but the obstruction of views from the applicants' dwelling was moderate rather than severe. Because s 14E(2)(a)(ii) was not satisfied, the Court's jurisdiction to make orders under s 14D was not engaged, and the application had to be dismissed.

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.']