Watkins v Togias and Connelly [2019] NSWLEC 1355

Watkins v Togias and Connelly [2019] NSWLEC 1355

The applicants did not provide sufficient evidence, such as photographs or other material, to demonstrate that the trees severely obstruct their view. The Court is not satisfied that the trees are causing a severe obstruction and therefore refuses to make any orders.

Jurisdiction
Australia
Judgment Date
24 July 2019
Procedural Posture
Tree Dispute (class 2) / Judgment
Outcome
Application refused
Legal Topics
['trees (disputes Between Neighbours)' 'obstruction of Views' 'pruning Orders']
['environmental Law'] ['trees (disputes Between Neighbours)' 'obstruction of Views' 'pruning Orders']

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Procedural Posture

Tree Dispute (class 2) / Judgment

Legal Issues

  1. 1 ["Whether the lilli pilli hedge causes a severe obstruction of the applicants' view within the meaning of the Trees (Disputes Between Neighbours) Act 2006 (NSW)."]

Ratio Decidendi

The applicants did not provide sufficient evidence, such as photographs or other material, to demonstrate that the trees severely obstruct their view. The Court is not satisfied that the trees are causing a severe obstruction and therefore refuses to make any orders.

Court Disposition

Application refused

Orders

  • ['The application is refused.']