Pearce v Gleeson [2022] NSWLEC 1543

Pearce v Gleeson [2022] NSWLEC 1543

Although trees in Hedge 1 severely obstruct a view from the Pearces' dwelling, they had not suffered a loss of that view, because the obstruction existed when they purchased the property; therefore, the application must be refused.

Jurisdiction
Australia
Judgment Date
05 October 2022
Procedural Posture
Pt 2 a Application Under Trees (disputes Between Neighbours) Act 2006 / Final Judgment
Outcome
Application refused
Legal Topics
['trees and Vegetation' 'view Obstruction' 'neighbour Disputes']
['property Law' 'environmental Law'] ['trees and Vegetation' 'view Obstruction' 'neighbour Disputes']

Case Brief

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Procedural Posture

Pt 2 a Application Under Trees (disputes Between Neighbours) Act 2006 / Final Judgment

Legal Issues

  1. 1 ['Whether neighbouring hedges obstruct views severely' 'Whether applicant has lost access to views' 'Whether orders should be made to prune trees']

Ratio Decidendi

Although trees in Hedge 1 severely obstruct a view from the Pearces' dwelling, they had not suffered a loss of that view, because the obstruction existed when they purchased the property; therefore, the application must be refused.

Court Disposition

Application refused

Orders

  • ['The application is refused.']