Owen & Anor v Mason & Anor [2011] NSWLEC 1301

Owen & Anor v Mason & Anor [2011] NSWLEC 1301

The minimal and reparable damage caused by the roots did not warrant an order; severing the root would not harm the tree. The current hedge, recently pruned, did not cause a severe obstruction of primary views or sunlight to warrant relief; further interference would unduly compromise respondents’ privacy. The key legislative thresholds under the Act were not satisfied for operative orders.

Jurisdiction
Australia
Judgment Date
21 October 2011
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Final Determination; Extemporaneous Judgment
Outcome
Application dismissed
Legal Topics
['trees (disputes Between Neighbours) Act 2006' 'obstruction of Views' 'obstruction of Sunlight' 'damage to Property' 'hedge Height and Privacy']
['environmental Law'] ['trees (disputes Between Neighbours) Act 2006' 'obstruction of Views' 'obstruction of Sunlight' 'damage to Property' 'hedge Height and Privacy']

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Final Determination; Extemporaneous Judgment

Legal Issues

  1. 1 ["Whether roots of respondents' trees caused damage to applicants' property and warrant an order under Part 2 of the Act" 'Whether the hedge forms a severe obstruction of views or sunlight justifying relief under Part 2A of the Act']

Ratio Decidendi

The minimal and reparable damage caused by the roots did not warrant an order; severing the root would not harm the tree. The current hedge, recently pruned, did not cause a severe obstruction of primary views or sunlight to warrant relief; further interference would unduly compromise respondents’ privacy. The key legislative thresholds under the Act were not satisfied for operative orders.

Court Disposition

Application dismissed

Orders

  • ['The application in its entirety is dismissed.']