Moss v Taylor; Morgan v Taylor; Toisuta v Taylor; Slim v Taylor [2019] NSWLEC 1215

Moss v Taylor; Morgan v Taylor; Toisuta v Taylor; Slim v Taylor [2019] NSWLEC 1215

The Golden Cane Palms were not a hedge, but the Murraya along the Taylors' south-eastern boundary formed a single hedge. Mr Moss failed to establish severe obstruction of sunlight or views, so his application was refused. Ms Morgan, Ms Toisuta and Mr Slim established severe obstruction of views by the hedge, while severe sunlight obstruction was not established. Balancing the view obstruction against the Taylors' privacy and other s 14F matters justified pruning the whole Murraya hedge along the south-eastern boundary to a uniform height no greater than 30 cm above the boundary fence, with ongoing maintenance. Mr Moss was not deprived of an opportunity to gather evidence, and reopening...

Jurisdiction
Australia
Judgment Date
13 May 2019
Procedural Posture
Class 2 Applications Under S 14 B of the Trees (disputes Between Neighbours) Act 2006 (nsw) / Principal Judgment After Onsite Hearing; Notice of Motion to Reopen Refused in Moss V Taylor
Outcome
Moss v Taylor application refused; Morgan v Taylor, Toisuta v Taylor and Slim v Taylor applications granted; Mr Moss' Notice of Motion to reopen refused.
Legal Topics
['hedge Obstruction of Sunlight' 'hedge Obstruction of Views' 'privacy' 'pruning Orders' 'notice of Motion to Reopen Proceedings']
['trees Disputes Between Neighbours' 'land and Environment Court Proceedings'] ['hedge Obstruction of Sunlight' 'hedge Obstruction of Views' 'privacy' 'pruning Orders' 'notice of Motion to Reopen Proceedings']

Case Brief

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Procedural Posture

Class 2 Applications Under S 14 B of the Trees (disputes Between Neighbours) Act 2006 (nsw) / Principal Judgment After Onsite Hearing; Notice of Motion to Reopen Refused in Moss V Taylor

Legal Issues

  1. 1 ['Whether the Golden Cane Palms and Murraya were planted so as to form a hedge under s 14A(1)(a) of the Trees (Disputes Between Neighbours) Act 2006 (NSW).' 'Whether the trees rose to a height of at least 2.5 metres under s 14A(1)(b) of the Trees (Disputes Between Neighbours) Act 2006 (NSW).' "Whether the hedge severely obstructed sunlight to windows of each applicant's dwelling under s 14E(2)(a)(i)." "Whether the hedge severely obstructed views from each applicant's dwelling under s 14E(2)(a)(ii)." "Whether the severity of any obstruction outweighed reasons to avoid interfering with the trees, including the respondents' privacy, under s 14E(2)(b) and s 14F." 'Whether Mr Moss should be granted leave to reopen his proceedings to adduce further evidence.']

Ratio Decidendi

The Golden Cane Palms were not a hedge, but the Murraya along the Taylors' south-eastern boundary formed a single hedge. Mr Moss failed to establish severe obstruction of sunlight or views, so his application was refused. Ms Morgan, Ms Toisuta and Mr Slim established severe obstruction of views by the hedge, while severe sunlight obstruction was not established. Balancing the view obstruction against the Taylors' privacy and other s 14F matters justified pruning the whole Murraya hedge along the south-eastern boundary to a uniform height no greater than 30 cm above the boundary fence, with ongoing maintenance. Mr Moss was not deprived of an opportunity to gather evidence, and reopening...

Court Disposition

Moss v Taylor application refused; Morgan v Taylor, Toisuta v Taylor and Slim v Taylor applications granted; Mr Moss' Notice of Motion to reopen refused.

Orders

  • ['Proceedings 2018/361256: The application is refused.' 'Proceedings 2018/361296, 2018/361328 and 2019/24260: The application is granted.' 'Within 30 days of the date of these orders, and then in May and November of each year (including November 2019), the respondents are to engage a suitably qualified and insured...