Coleman & anor v Leddy & anor [2013] NSWLEC 1094

Coleman & anor v Leddy & anor [2013] NSWLEC 1094

The application is dismissed because the trees in question were not planted so as to form a hedge within the meaning of s 14A(1)(a) of the Trees (Disputes Between Neighbours) Act 2006, and therefore the Court has no jurisdiction. Alternatively, even if the jurisdictional test were satisfied, the applicants' interests in having the hedge removed or reduced do not outweigh the respondents' interests and other relevant factors under s 14E(2).

Jurisdiction
Australia
Judgment Date
31 May 2013
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Principal Judgment
Outcome
Application dismissed
Legal Topics
['trees and Hedges' 'view Obstruction' 'jurisdictional Tests Under Trees (disputes Between Neighbours) Act 2006']
['environmental Law'] ['trees and Hedges' 'view Obstruction' 'jurisdictional Tests Under Trees (disputes Between Neighbours) Act 2006']

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Principal Judgment

Legal Issues

  1. 1 ["Whether the trees on the respondents' property are 'planted so as to form a hedge' for purposes of Part 2A of the Trees (Disputes Between Neighbours) Act 2006" "Whether there is a severe obstruction of a view from the applicants' dwelling as a consequence of the trees" "Whether the applicants' interest in having the obstruction removed outweighs other considerations"]

Ratio Decidendi

The application is dismissed because the trees in question were not planted so as to form a hedge within the meaning of s 14A(1)(a) of the Trees (Disputes Between Neighbours) Act 2006, and therefore the Court has no jurisdiction. Alternatively, even if the jurisdictional test were satisfied, the applicants' interests in having the hedge removed or reduced do not outweigh the respondents' interests and other relevant factors under s 14E(2).

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']