Brady v Brownrigg & anor [2017] NSWLEC 1087

Brady v Brownrigg & anor [2017] NSWLEC 1087

The application was dismissed because the obstruction caused by the respondents' trees was found to be minor and not severe, thus failing the statutory threshold in s 14E(2)(a)(ii) of the Trees (Disputes Between Neighbours) Act 2006, which deprives the Court of jurisdiction to make any orders.

Jurisdiction
Australia
Judgment Date
23 February 2017
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Final Judgment
Outcome
Application dismissed
Legal Topics
['tree Disputes' 'obstruction of View' 'neighbourhood Disputes']
['environmental Law' 'property Law'] ['tree Disputes' 'obstruction of View' 'neighbourhood Disputes']

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the respondents' hedge of trees severely obstructs views from the applicant's dwelling within the meaning of the Trees (Disputes Between Neighbours) Act 2006, s 14E(2)(a)(ii)" 'Whether jurisdictional requirements were met under s 14E(1)(a) regarding reasonable attempt to reach agreement']

Ratio Decidendi

The application was dismissed because the obstruction caused by the respondents' trees was found to be minor and not severe, thus failing the statutory threshold in s 14E(2)(a)(ii) of the Trees (Disputes Between Neighbours) Act 2006, which deprives the Court of jurisdiction to make any orders.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']