ABC v XYZ [2022] NSWLEC 1500

ABC v XYZ [2022] NSWLEC 1500

The Court found that only T3 and T4 are planted so as to form a hedge within the meaning of Pt 2A of the Trees Act and are on the respondent's land. However, the hedge does not severely obstruct any views from the applicant's dwelling as required by s 14E(2)(a). The remaining trees either do not form a hedge, are not on the respondent's land, or are not on land adjoining the applicant's property. Accordingly, the jurisdictional thresholds for making an order under the Trees Act were not satisfied and the application was refused.

Parties
Applicant: ABC; Respondent: XYZ
Jurisdiction
Australia
Judgment Date
16 September 2022
Procedural Posture
Trees (disputes Between Neighbours) – Pt 2 a Application / Principal Judgment
Outcome
Application refused
Legal Topics
Obstruction of Views, Hedges and Trees Dispute, Jurisdiction Under Trees (disputes Between Neighbours) Act 2006
Environmental Law Property Law Obstruction of Views Hedges and Trees Dispute Jurisdiction Under Trees (disputes Between Neighbours) Act 2006

Case Brief

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Parties

ABC

Applicant

XYZ

Respondent

Procedural Posture

Trees (disputes Between Neighbours) – Pt 2 a Application / Principal Judgment

Legal Issues

  1. 1 Whether trees are planted so as to form a hedge under Pt 2A of the Trees (Disputes Between Neighbours) Act 2006
  2. 2 Whether the trees are situated on adjoining land
  3. 3 Whether there is a severe obstruction of view from the applicant’s dwelling

Ratio Decidendi

The Court found that only T3 and T4 are planted so as to form a hedge within the meaning of Pt 2A of the Trees Act and are on the respondent's land. However, the hedge does not severely obstruct any views from the applicant's dwelling as required by s 14E(2)(a). The remaining trees either do not form a hedge, are not on the respondent's land, or are not on land adjoining the applicant's property. Accordingly, the jurisdictional thresholds for making an order under the Trees Act were not satisfied and the application was refused.

Court Disposition

Application refused

Orders

  • The application is refused.
  • The exhibits are returned, other than Exhibit A, which is retained.