Hatherly v Georgalas [2020] NSWLEC 1562

Hatherly v Georgalas [2020] NSWLEC 1562

The bamboo formed a hedge that had severely obstructed views from the applicant's dwelling, and although it had been pruned before the hearing, it was likely to regrow into the views. The applicant had made reasonable efforts to resolve the issue, and his interest in restoring and protecting the view outweighed the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 November 2020
Procedural Posture
Class 2 Application Under Pt 2 a of the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment and Final Orders
Outcome
The application is granted.
Legal Topics
['neighbouring Hedge' 'bamboo' 'obstruction of Views' 'removal of Trees' 'height Restriction for Future Hedges']
['trees Disputes Between Neighbours' 'land and Environment'] ['neighbouring Hedge' 'bamboo' 'obstruction of Views' 'removal of Trees' 'height Restriction for Future Hedges']

Source-derived case record

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

Class 2 Application Under Pt 2 a of the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment and Final Orders

Legal Issues

  1. 1 ['Whether the bamboo was planted so as to form a hedge rising to a height of at least 2.5 metres for the purposes of Pt 2A of the Trees (Disputes Between Neighbours) Act 2006.' 'Whether the applicant made reasonable efforts to reach agreement with the tree owner.' "Whether the bamboo severely obstructed a view from the applicant's dwelling despite having been pruned before the hearing." "Whether the applicant's interest in remedying the obstruction outweighed reasons against interfering with the bamboo." 'Whether orders should require pruning or removal of the bamboo and restrict future hedges.']

Ratio Decidendi

The bamboo formed a hedge that had severely obstructed views from the applicant's dwelling, and although it had been pruned before the hearing, it was likely to regrow into the views. The applicant had made reasonable efforts to resolve the issue, and his interest in restoring and protecting the view outweighed the respondent's privacy and amenity reasons for retaining the bamboo. Because pruning was likely to reignite the dispute and lead to further proceedings, removal of the bamboo and restrictions on future hedge species were required.

Court Disposition

The application is granted.

Orders

  • ['The application is granted.' 'The respondent is to remove, within 30 days of the date of these orders, all bamboo on his property along his southern boundary, and then take any action required to prevent the bamboo regrowing.' 'If the respondent establishes any hedges along his southern or eastern boundaries, he...