Torday & Anor v Eather [2012] NSWLEC 1014

Torday & Anor v Eather [2012] NSWLEC 1014

The Court found that while some of the trees constituted a hedge, as required by the Act, the obstruction to views from the applicants' dwelling was not 'severe' within the meaning of s 14E(2)(a)(ii), and so no orders could be made.

Jurisdiction
Australia
Judgment Date
25 January 2012
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Decision
Outcome
Application dismissed
Legal Topics
['trees (disputes Between Neighbours) Act 2006' 'obstruction of Views' 'hedge Definition' 'neighbour Disputes']
['environmental Law' 'property Law'] ['trees (disputes Between Neighbours) Act 2006' 'obstruction of Views' 'hedge Definition' 'neighbour Disputes']

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 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Decision

Legal Issues

  1. 1 ["Whether the trees on the respondents' property constitute a 'hedge' under s 14A(1) of the Act" 'Whether the trees or hedge severely obstruct a view from the applicants’ dwelling as required by s 14E(2)(a)(ii)']

Ratio Decidendi

The Court found that while some of the trees constituted a hedge, as required by the Act, the obstruction to views from the applicants' dwelling was not 'severe' within the meaning of s 14E(2)(a)(ii), and so no orders could be made.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']