Hynd v Owners Corporation SP34063 [2018] NSWLEC 1438

Hynd v Owners Corporation SP34063 [2018] NSWLEC 1438

The trees on the respondent's property do not constitute a 'hedge' under s 14A(1) due to irregular planting, and the obstruction of the applicant's view is not severe, failing the jurisdictional tests of the Trees Act.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
26 July 2018
Procedural Posture
Class 2 / Final Judgment
Outcome
Application dismissed
Legal Topics
['trees (disputes Between Neighbours) Act' 'obstruction of Views' 'hedges' 'jurisdictional Tests']
['environmental Law'] ['trees (disputes Between Neighbours) Act' 'obstruction of Views' 'hedges' 'jurisdictional Tests']

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Procedural Posture

Class 2 / Final Judgment

Legal Issues

  1. 1 ["Whether the trees constitute a 'hedge' under s 14A(1) of the Trees (Dispute Between Neighbours) Act 2006" "Whether the trees are severely obstructing a view from the applicant's dwelling under s 14E(2)(a)(ii)"]

Ratio Decidendi

The trees on the respondent's property do not constitute a 'hedge' under s 14A(1) due to irregular planting, and the obstruction of the applicant's view is not severe, failing the jurisdictional tests of the Trees Act.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']