Schiff v Shnier [2019] NSWLEC 1535

Schiff v Shnier [2019] NSWLEC 1535

The applicant's property at number 6 was separated from the respondents' property at number 10 by number 8, so the respondents' bamboo and vegetation were not on land adjoining the applicant's land. Because s 14B of the Trees (Disputes Between Neighbours) Act 2006 (NSW) only permits orders in relation to trees on adjoining land, the Court lacked jurisdiction to grant the pruning orders sought and the application was refused.

Jurisdiction
Australia
Judgment Date
31 October 2019
Procedural Posture
Class 2 Application Under S 14 B of the Trees (disputes Between Neighbours) Act 2006 (nsw) Seeking Orders for Bamboo and Other Vegetation to Be Pruned / Principal Judgment After Hearing
Outcome
The application is refused.
Legal Topics
['hedges' 'bamboo' 'obstruction of Views' 'adjoining Land' 'jurisdiction Under the Trees (disputes Between Neighbours) Act 2006 (nsw)']
['land and Environment' 'trees Disputes Between Neighbours'] ['hedges' 'bamboo' 'obstruction of Views' 'adjoining Land' 'jurisdiction Under the Trees (disputes Between Neighbours) Act 2006 (nsw)']

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Procedural Posture

Class 2 Application Under S 14 B of the Trees (disputes Between Neighbours) Act 2006 (nsw) Seeking Orders for Bamboo and Other Vegetation to Be Pruned / Principal Judgment After Hearing

Legal Issues

  1. 1 ["Whether the Court had jurisdiction under s 14B of the Trees (Disputes Between Neighbours) Act 2006 (NSW) where the trees alleged to obstruct views were not on land adjoining the applicant's land." "Whether the term 'adjoining land' could be applied flexibly to include trees one property removed from the applicant's land."]

Ratio Decidendi

The applicant's property at number 6 was separated from the respondents' property at number 10 by number 8, so the respondents' bamboo and vegetation were not on land adjoining the applicant's land. Because s 14B of the Trees (Disputes Between Neighbours) Act 2006 (NSW) only permits orders in relation to trees on adjoining land, the Court lacked jurisdiction to grant the pruning orders sought and the application was refused.

Court Disposition

The application is refused.

Orders

  • ['The application is refused.']