Wiseman & anor v Van Ede & anor [2016] NSWLEC 1643

Wiseman & anor v Van Ede & anor [2016] NSWLEC 1643

Although the applicants had made reasonable efforts to reach agreement, the Cypress trees were a considerable distance from the applicants' dwelling, did not block more than 50% of the view from the living area windows, and did not cause such a severe obstruction of views as to satisfy s 14E(2)(a). Because severe obstruction was not established, the Court could not make pruning orders and the application was dismissed.

Jurisdiction
Australia
Judgment Date
21 December 2016
Procedural Posture
Class 2 Application Under Part 2 a of the Trees (disputes Between Neighbours) Act 2006 Seeking Orders for Pruning of a Neighbouring Hedge to Restore Views / Final Judgment and Orders
Outcome
The application is dismissed.
Legal Topics
['hedge Obstruction of Views' 'reasonable Effort to Reach Agreement' 'severe Obstruction of Views' 'pruning Orders']
['land and Environment' 'trees Disputes Between Neighbours'] ['hedge Obstruction of Views' 'reasonable Effort to Reach Agreement' 'severe Obstruction of Views' 'pruning Orders']

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Procedural Posture

Class 2 Application Under Part 2 a of the Trees (disputes Between Neighbours) Act 2006 Seeking Orders for Pruning of a Neighbouring Hedge to Restore Views / Final Judgment and Orders

Legal Issues

  1. 1 ['Whether the applicants made a reasonable effort to reach agreement with the respondents as required by s 14E(1) of the Trees (Disputes Between Neighbours) Act 2006.' "Whether the respondents' Cypress hedge severely obstructed a view from the applicants' dwelling for the purposes of s 14E(2)(a) of the Trees (Disputes Between Neighbours) Act 2006." 'Whether, if severe obstruction were established, the Court should make orders interfering with the trees after considering the relevant matters in s 14F of the Trees (Disputes Between Neighbours) Act 2006.']

Ratio Decidendi

Although the applicants had made reasonable efforts to reach agreement, the Cypress trees were a considerable distance from the applicants' dwelling, did not block more than 50% of the view from the living area windows, and did not cause such a severe obstruction of views as to satisfy s 14E(2)(a). Because severe obstruction was not established, the Court could not make pruning orders and the application was dismissed.

Court Disposition

The application is dismissed.

Orders

  • ['The application is dismissed.']