Lea & anor v Orchard & anor [2015] NSWLEC 1479

Lea & anor v Orchard & anor [2015] NSWLEC 1479

The six palms were planted in a linear arrangement along the respondents' northern boundary so as to form a hedge within s 14A(1), and their crowns severely obstructed the applicants' views of water and the land/water interface that were available when the applicants purchased their property. The jurisdictional tests in s 14E(2) were met, so the Court made the consent orders removing three nominated palms.

Jurisdiction
Australia
Judgment Date
23 November 2015
Procedural Posture
Class 2 Application Under Part 2 a of the Trees (disputes Between Neighbours) Act 2006 / Consent Orders
Outcome
Application upheld; trees to be removed
Legal Topics
['obstruction of Views' 'high Hedge' 'consent Orders' 'tree Removal']
['trees and Neighbour Disputes' 'land and Environment Court'] ['obstruction of Views' 'high Hedge' 'consent Orders' 'tree Removal']

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Procedural Posture

Class 2 Application Under Part 2 a of the Trees (disputes Between Neighbours) Act 2006 / Consent Orders

Legal Issues

  1. 1 ['Whether the row of palms was two or more trees planted so as to form a hedge and rising to a height of at least 2.5m above ground level within s 14A(1).' "Whether the palms severely obstructed views from the applicants' unit so that the jurisdictional tests in s 14E(2) were met." 'Whether the Court should make the consent orders sought for removal of three palms.']

Ratio Decidendi

The six palms were planted in a linear arrangement along the respondents' northern boundary so as to form a hedge within s 14A(1), and their crowns severely obstructed the applicants' views of water and the land/water interface that were available when the applicants purchased their property. The jurisdictional tests in s 14E(2) were met, so the Court made the consent orders removing three nominated palms.

Court Disposition

Application upheld; trees to be removed

Orders

  • ['The application is upheld.' 'The trees to be removed pursuant to these orders, as numbered and shown on the diagram attached to the Tree Dispute Application are: T3 (Kentia Palm), T4 (Cabbage Tree Palm), and T5 (Kentia Palm).' 'Within two months of the date of these orders, the applicants and respondents are to...