Simpson v The Owners Strata Plan No 30419 [2013] NSWLEC 1102

Simpson v The Owners Strata Plan No 30419 [2013] NSWLEC 1102

The trees are a hedge over 2.5 metres forming a significant obstruction of water views from high-use rooms in the applicant’s property. The properties are ‘adjoining’ within the meaning of the Act. The severity of the obstruction and practical considerations regarding the retaining wall justified orders for removal, replacement, and ongoing height maintenance of replacement trees.

Jurisdiction
Australia
Judgment Date
20 June 2013
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Final Determination With Orders Made by Consent
Outcome
Application upheld; orders made by consent for removal, replacement, and maintenance of trees; parties to bear own costs.
Legal Topics
['trees—disputes Between Neighbours' 'obstruction of Views' 'remedies and Orders' 'hedges']
['environmental Law' 'property Law'] ['trees—disputes Between Neighbours' 'obstruction of Views' 'remedies and Orders' 'hedges']

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 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Final Determination With Orders Made by Consent

Legal Issues

  1. 1 ['Whether the trees fall within the jurisdiction of Part 2A of the Trees (Disputes Between Neighbours) Act 2006' 'Whether the respondent’s property is considered ‘adjoining’ for purposes of the Act' 'Whether the trees caused a severe obstruction of high-value water views warranting Court intervention' 'What remedial orders are appropriate']

Ratio Decidendi

The trees are a hedge over 2.5 metres forming a significant obstruction of water views from high-use rooms in the applicant’s property. The properties are ‘adjoining’ within the meaning of the Act. The severity of the obstruction and practical considerations regarding the retaining wall justified orders for removal, replacement, and ongoing height maintenance of replacement trees.

Court Disposition

Application upheld; orders made by consent for removal, replacement, and maintenance of trees; parties to bear own costs.

Orders

  • ['The application is upheld.' "By 11 October 2013 the respondent is to remove, at its expense, the six 'Leighton Green' Cypress trees identified as Trees T1 - T6 located adjacent to the northern boundary in the front yard area of 12 Billyard Avenue, Elizabeth Bay." "Trees planted by the respondent to replace the six...