Adamson v Weston [2021] NSWLEC 1677

Adamson v Weston [2021] NSWLEC 1677

The obstruction to the view caused by the respondents' hedge was not 'severe' from the applicants' dwelling, primarily due to the distance of the trees from the dwelling and the only minor extent of lost view. Therefore, jurisdictional prerequisites for making orders under Pt 2A of the Trees Act were not met, and the application was refused.

Jurisdiction
Australia
Judgment Date
08 November 2021
Procedural Posture
Trees (disputes Between Neighbours) Act Application / Final Judgment at First Instance
Outcome
Application refused
Legal Topics
['tree Disputes' 'obstruction of Views' 'hedges' 'neighbour Disputes']
['property Law' 'environmental Law'] ['tree Disputes' 'obstruction of Views' 'hedges' 'neighbour Disputes']

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Procedural Posture

Trees (disputes Between Neighbours) Act Application / Final Judgment at First Instance

Legal Issues

  1. 1 ["Whether the lilly pilly hedge on the respondents' land severely obstructs a view from the applicants' dwelling within the meaning of Pt 2A of the Trees (Disputes Between Neighbours) Act 2006" 'Whether the applicants made reasonable efforts to reach agreement with the tree owners before applying to the Court']

Ratio Decidendi

The obstruction to the view caused by the respondents' hedge was not 'severe' from the applicants' dwelling, primarily due to the distance of the trees from the dwelling and the only minor extent of lost view. Therefore, jurisdictional prerequisites for making orders under Pt 2A of the Trees Act were not met, and the application was refused.

Court Disposition

Application refused

Orders

  • ['The application is refused.' 'The exhibits are returned except for A, 1 and 2.']