Steber v Job [2019] NSWLEC 1308

Steber v Job [2019] NSWLEC 1308

The bamboo hedge constituted trees to which Part 2A applies. The evidence demonstrated that, despite pruning prior to the hearing, the hedge had recently and was likely again to severely obstruct both sunlight and views from the applicants' dwelling. The applicants' interests in restoring their view outweighed the benefits of the hedge, justifying orders for removal and prevention of regrowth.

Parties
First Applicant: John Steber; Second Applicant: Charmian Steber; Respondent: Christine Job
Jurisdiction
Australia
Judgment Date
21 June 2019
Procedural Posture
Trees Dispute (part 2 A, Trees (disputes Between Neighbours) Act 2006) / Judgment After Hearing
Outcome
Application granted
Legal Topics
Trees and Hedges Disputes, Obstruction of Views, Obstruction of Sunlight, Orders for Hedge Removal
Environmental Law Property Law Trees and Hedges Disputes Obstruction of Views Obstruction of Sunlight Orders for Hedge Removal

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Parties

John Steber

First Applicant

Charmian Steber

Second Applicant

Christine Job

Respondent

Procedural Posture

Trees Dispute (part 2 A, Trees (disputes Between Neighbours) Act 2006) / Judgment After Hearing

Legal Issues

  1. 1 Whether the bamboo hedge constitutes a group of trees forming a hedge to which Part 2A applies
  2. 2 Whether the hedge is severely obstructing the applicants' views and/or sunlight
  3. 3 Whether orders should be made for the removal of the hedge

Ratio Decidendi

The bamboo hedge constituted trees to which Part 2A applies. The evidence demonstrated that, despite pruning prior to the hearing, the hedge had recently and was likely again to severely obstruct both sunlight and views from the applicants' dwelling. The applicants' interests in restoring their view outweighed the benefits of the hedge, justifying orders for removal and prevention of regrowth.

Court Disposition

Application granted

Orders

  • The application is granted.
  • Within 90 days of the date of these orders, the respondent is to remove all bamboo plants in the hedge along her eastern boundary.