Shearer & anor v Orchard & anor [2017] NSWLEC 1146

Shearer & anor v Orchard & anor [2017] NSWLEC 1146

The Court found that the overall vegetation was a largely random arrangement with a bushland appearance and, apart from two rows of closely planted Port Jackson Pines, there was no discernible pattern showing trees planted so as to form a hedge. The vast majority of trees were likely self-sown and the applicants had not provided probative evidence disproving the respondents' evidence that only the Port Jackson Pines were planted. Because only the Port Jackson Pines were trees to which Part 2A applied and the applicants conceded there was no merit in continuing, the application was dismissed.

Jurisdiction
Australia
Judgment Date
23 March 2017
Procedural Posture
Class 2 Application Under S 14 B Part 2 a of the Trees (disputes Between Neighbours) Act 2006 for Orders for Removal or Pruning of Trees / Final Hearing and Judgment
Outcome
Application dismissed
Legal Topics
['hedge Obstruction of Views' 'jurisdictional Tests Under Part 2 A' 'meaning of Trees Planted So as to Form a Hedge']
['land and Environment' 'trees Disputes Between Neighbours'] ['hedge Obstruction of Views' 'jurisdictional Tests Under Part 2 A' 'meaning of Trees Planted So as to Form a Hedge']

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Procedural Posture

Class 2 Application Under S 14 B Part 2 a of the Trees (disputes Between Neighbours) Act 2006 for Orders for Removal or Pruning of Trees / Final Hearing and Judgment

Legal Issues

  1. 1 ['Whether the trees were trees to which Part 2A of the Trees (Disputes Between Neighbours) Act 2006 applies.' 'Whether two or more trees were planted so as to form a hedge.' "Whether the Court's power to make orders for removal or pruning was engaged."]

Ratio Decidendi

The Court found that the overall vegetation was a largely random arrangement with a bushland appearance and, apart from two rows of closely planted Port Jackson Pines, there was no discernible pattern showing trees planted so as to form a hedge. The vast majority of trees were likely self-sown and the applicants had not provided probative evidence disproving the respondents' evidence that only the Port Jackson Pines were planted. Because only the Port Jackson Pines were trees to which Part 2A applied and the applicants conceded there was no merit in continuing, the application was dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']