El-Ammar v Cheaitani (No 2) [2023] NSWLEC 1475

El-Ammar v Cheaitani (No 2) [2023] NSWLEC 1475

Neither Hedge 1 nor Hedge 2 satisfied the jurisdictional requirements of s 14A(1)(a) or (b) of the Trees (Disputes Between Neighbours) Act 2006; Hedge 1 was comprised of trees of different species, planted at different times and not forming a hedge, and Hedge 2 included self-sown and senescent trees, with only one Murraya tree of sufficient height. As jurisdiction was not engaged, the application was refused and no orders could be made under the Act.

Jurisdiction
Australia
Judgment Date
22 August 2023
Procedural Posture
Trees (disputes Between Neighbours) Class 2 Application / Principal Judgment
Outcome
Application refused
Legal Topics
['trees (disputes Between Neighbours) Act 2006' 'view Obstruction' 'hedge Definition' 'jurisdictional Requirements']
['property Law' 'environmental Law'] ['trees (disputes Between Neighbours) Act 2006' 'view Obstruction' 'hedge Definition' 'jurisdictional Requirements']

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Procedural Posture

Trees (disputes Between Neighbours) Class 2 Application / Principal Judgment

Legal Issues

  1. 1 ['Whether the alleged trees were planted to form a hedge under s 14A(1)(a) of the Trees (Disputes Between Neighbours) Act 2006' "Whether the alleged hedge trees severely obstructed views from the applicants' dwelling" 'Whether the jurisdictional requirements under the Trees Act were satisfied']

Ratio Decidendi

Neither Hedge 1 nor Hedge 2 satisfied the jurisdictional requirements of s 14A(1)(a) or (b) of the Trees (Disputes Between Neighbours) Act 2006; Hedge 1 was comprised of trees of different species, planted at different times and not forming a hedge, and Hedge 2 included self-sown and senescent trees, with only one Murraya tree of sufficient height. As jurisdiction was not engaged, the application was refused and no orders could be made under the Act.

Court Disposition

Application refused

Orders

  • ['The application is refused.']