Smith v Gregory [2022] NSWLEC 1449

Smith v Gregory [2022] NSWLEC 1449

The trees were planted in an apparently random, non-linear manner throughout the garden and did not appear as a hedge. Their layout did not suggest an intention by the planter to form a hedge. Because the trees were not planted so as to form a hedge, Pt 2A of the Trees (Disputes Between Neighbours) Act 2006 did not apply, and the Court therefore could not make the orders sought and did not need to assess the severity of any view obstruction.

Jurisdiction
Australia
Judgment Date
26 August 2022
Procedural Posture
Class 1 Application Under S 14 B (pt 2 A) of the Trees (disputes Between Neighbours) Act 2006 Concerning Alleged Obstruction of Views by Neighbouring Trees / Final Hearing Onsite; Principal Judgment
Outcome
The application is refused.
Legal Topics
['pt 2 a Application' 'neighbouring Trees' 'hedges' 'obstruction of Views' 'adjoining Land']
['trees Disputes Between Neighbours' 'land and Environment'] ['pt 2 a Application' 'neighbouring Trees' 'hedges' 'obstruction of Views' 'adjoining Land']

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Procedural Posture

Class 1 Application Under S 14 B (pt 2 A) of the Trees (disputes Between Neighbours) Act 2006 Concerning Alleged Obstruction of Views by Neighbouring Trees / Final Hearing Onsite; Principal Judgment

Legal Issues

  1. 1 ['Whether the trees were planted so as to form a hedge within s 14A(1)(a) of the Trees (Disputes Between Neighbours) Act 2006.' 'Whether Pt 2A of the Trees (Disputes Between Neighbours) Act 2006 applied to the trees.' "Whether the trees severely obstructed views from the Applicants' dwelling." 'Whether separation of the properties by a driveway prevented orders being made.']

Ratio Decidendi

The trees were planted in an apparently random, non-linear manner throughout the garden and did not appear as a hedge. Their layout did not suggest an intention by the planter to form a hedge. Because the trees were not planted so as to form a hedge, Pt 2A of the Trees (Disputes Between Neighbours) Act 2006 did not apply, and the Court therefore could not make the orders sought and did not need to assess the severity of any view obstruction.

Court Disposition

The application is refused.

Orders

  • ['The application is refused.']