Short v Clem Doyle & Anor [2017] NSWLEC 1407

Short v Clem Doyle & Anor [2017] NSWLEC 1407

The Court's jurisdiction was not engaged because the specified plants either were single specimens, were not planted so as to form a hedge, did not include at least two trees over the required 2.5 metre height, or, where some trees met s 14A(1), were not severely obstructing any view from the applicants' dwelling at their current height.

Jurisdiction
Australia
Judgment Date
25 July 2017
Procedural Posture
Class 2 Application Under Part 2 a of the Trees (disputes Between Neighbours) Act 2006 / Hearing and Final Determination
Outcome
Application dismissed
Legal Topics
['hedge Obstruction of Views' 'trees to Which Part 2 a Applies' 'severe Obstruction of Views' 'jurisdictional Tests for Tree Dispute Orders']
['trees Disputes' 'neighbour Law' 'land and Environment Court Jurisdiction'] ['hedge Obstruction of Views' 'trees to Which Part 2 a Applies' 'severe Obstruction of Views' 'jurisdictional Tests for Tree Dispute Orders']

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Procedural Posture

Class 2 Application Under Part 2 a of the Trees (disputes Between Neighbours) Act 2006 / Hearing and Final Determination

Legal Issues

  1. 1 ["Whether the trees or groups of trees on the respondents' land were trees to which Part 2A of the Trees (Disputes Between Neighbours) Act 2006 applies." "Whether the trees were severely obstructing a view from the applicants' dwelling at the time of the hearing." "Whether the Court's jurisdiction to make orders under Part 2A was engaged."]

Ratio Decidendi

The Court's jurisdiction was not engaged because the specified plants either were single specimens, were not planted so as to form a hedge, did not include at least two trees over the required 2.5 metre height, or, where some trees met s 14A(1), were not severely obstructing any view from the applicants' dwelling at their current height.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']