Campbell v Beardsell [2019] NSWLEC 1239

Campbell v Beardsell [2019] NSWLEC 1239

The five trees were of different species, sizes, form and habit, were in various parts of the respondents' heavily vegetated garden, and were planted without any regularity. There was nothing about their arrangement to suggest they were planted so as to form a hedge. Accordingly, Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (NSW) did not apply and the application was refused.

Jurisdiction
Australia
Judgment Date
30 May 2019
Procedural Posture
Class 2 Application Under S 14 B of the Trees (disputes Between Neighbours) Act 2006 (nsw) / Principal Judgment; Application Heard and Determined on 30 May 2019
Outcome
The application is refused.
Legal Topics
['obstruction of Views by Trees' 'whether Trees Are Planted So as to Form a Hedge' 'application of Part 2 a of the Trees (disputes Between Neighbours) Act 2006 (nsw)']
['trees Disputes Between Neighbours' 'land and Environment Court Proceedings'] ['obstruction of Views by Trees' 'whether Trees Are Planted So as to Form a Hedge' 'application of Part 2 a of the Trees (disputes Between Neighbours) Act 2006 (nsw)']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 2 Application Under S 14 B of the Trees (disputes Between Neighbours) Act 2006 (nsw) / Principal Judgment; Application Heard and Determined on 30 May 2019

Legal Issues

  1. 1 ["Whether the five trees on the respondents' property were planted so as to form a hedge within s 14A(1)(a) of the Trees (Disputes Between Neighbours) Act 2006 (NSW)." 'Whether Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (NSW) applied to the trees identified in the application.']

Ratio Decidendi

The five trees were of different species, sizes, form and habit, were in various parts of the respondents' heavily vegetated garden, and were planted without any regularity. There was nothing about their arrangement to suggest they were planted so as to form a hedge. Accordingly, Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (NSW) did not apply and the application was refused.

Court Disposition

The application is refused.

Orders

  • ['The application is refused.']