Shearer v Arian [2019] NSWLEC 1383

Shearer v Arian [2019] NSWLEC 1383

The hedge does not cause a severe obstruction of the applicants' views as required under s 14E(2) of the Trees (Disputes Between Neighbours) Act 2006 (NSW) and therefore, no orders can be made.

Parties
First Applicant: David Julian Shearer; Second Applicant: Margot Shearer; Respondent: Abdul Masid Arian
Jurisdiction
Australia
Judgment Date
15 August 2019
Procedural Posture
Class 2: Tree Dispute / Principal Judgment
Outcome
Application refused
Legal Topics
Trees (disputes Between Neighbours), Obstruction of Views, Adjoining Properties
Environment and Planning Law Trees (disputes Between Neighbours) Obstruction of Views Adjoining Properties

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

David Julian Shearer

First Applicant

Margot Shearer

Second Applicant

Abdul Masid Arian

Respondent

Procedural Posture

Class 2: Tree Dispute / Principal Judgment

Legal Issues

  1. 1 Whether the hedge on the respondent's property severely obstructs the applicants' view under s 14B of the Trees (Disputes Between Neighbours) Act 2006 (NSW)
  2. 2 Whether the parties' properties are 'adjoining' under the Act

Ratio Decidendi

The hedge does not cause a severe obstruction of the applicants' views as required under s 14E(2) of the Trees (Disputes Between Neighbours) Act 2006 (NSW) and therefore, no orders can be made.

Court Disposition

Application refused

Orders

  • The application is refused.