Moore v Studholme [2020] NSWLEC 1519

Moore v Studholme [2020] NSWLEC 1519

The applicant's interest in restoring lost views from his dwelling, severely obstructed by respondents' bamboo and tiger grass in Hedging 2, 3, and 4, outweighs the respondents' amenity/privacy interests. Orders to remove these hedges and restrict height of future hedges are reasonable to remedy ongoing and likely recurrent obstruction.

Parties
Applicant: David Phillip Moore; First Respondent: Brett Alexander Studholme; Second Respondent: Alma Studholme
Jurisdiction
Australia
Judgment Date
29 October 2020
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 (nsw) / Principal Judgment
Outcome
Application granted
Legal Topics
Trees (disputes Between Neighbours), View Obstruction, Orders for Removal, Restrictions on Hedge Height
Property Law Environmental Law Trees (disputes Between Neighbours) View Obstruction Orders for Removal Restrictions on Hedge Height

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Parties

David Phillip Moore

Applicant

Brett Alexander Studholme

First Respondent

Alma Studholme

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether bamboo and tiger grass hedges severely obstruct views from the applicant's dwelling; Whether the applicant made reasonable effort to resolve the issue; Whether Court should make orders to remove or restrict hedges

Ratio Decidendi

The applicant's interest in restoring lost views from his dwelling, severely obstructed by respondents' bamboo and tiger grass in Hedging 2, 3, and 4, outweighs the respondents' amenity/privacy interests. Orders to remove these hedges and restrict height of future hedges are reasonable to remedy ongoing and likely recurrent obstruction.

Court Disposition

Application granted

Orders

  • Within 60 days, respondents to remove all bamboo and tiger grass in Hedge 2 (southern boundary), Hedge 3 (front boundary), and Hedge 4 (northern boundary), and take any action required to prevent regrowth.
  • If respondents establish hedges along northern or southern boundaries in future, species must grow to a height of no more than 5 metres at maturity.