Champion v Strata Plan 42576; McKeon v Strata Plan 42576 [2018] NSWLEC 1063

Champion v Strata Plan 42576; McKeon v Strata Plan 42576 [2018] NSWLEC 1063

The hedge of five Lilly Pilly trees severely obstructs sea and district views from the applicants’ dwellings, meeting the statutory test. The interests of restoring views outweigh reasons to leave the hedge unaltered. Orders are made to prune the hedge annually to 8 metres. The Champions must pay 50% of the cost due...

Source-derived case information.

Parties
Applicant: Bruce Champion and Patricia Champion; Applicant: John McKeon and Alexandra McKeon; Respondent: Strata Plan 42576
Jurisdiction
Australia
Judgment Date
13 February 2018
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Judgment After Hearing
Outcome
Applications upheld
Legal Topics
Trees (disputes Between Neighbours) Act, Hedges and Obstruction of Views, Remedial Orders, Costs
Environmental Law Property Law Trees (disputes Between Neighbours) Act Hedges and Obstruction of Views Remedial Orders Costs

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Parties

Bruce Champion and Patricia Champion

Applicant

John McKeon and Alexandra McKeon

Applicant

Strata Plan 42576

Respondent

Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Judgment After Hearing

Legal Issues

  1. 1 Whether the hedge of five Lilly Pilly trees severely obstructs the applicants' views within the meaning of s 14E(2)(a)(ii) of the Trees (Disputes Between Neighbours) Act 2006
  2. 2 Whether orders should be made requiring the respondent to prune the trees and to what extent
  3. 3 Whether the cost of such works should be shared

Ratio Decidendi

The hedge of five Lilly Pilly trees severely obstructs sea and district views from the applicants’ dwellings, meeting the statutory test. The interests of restoring views outweigh reasons to leave the hedge unaltered. Orders are made to prune the hedge annually to 8 metres. The Champions must pay 50% of the cost due to their prior unauthorised pruning, the McKeons pay nothing.

Court Disposition

Applications upheld

Orders

  • Respondent to arrange and pay for an arborist annually to prune the five Lilly Pillies to not more than 8 metres.
  • Champions to pay 50% of the cost of pruning within 14 days of receiving invoice (order lapses if invoice not received within 60 days).