Richards v Sharp [2021] NSWLEC 1423

Richards v Sharp [2021] NSWLEC 1423

The trees in question were not planted so as to form a hedge as required by s 14A of the Trees (Disputes Between Neighbours) Act 2006, and therefore Pt 2A of the Act does not apply; the Court has no jurisdiction to make orders in this matter.

Jurisdiction
Australia
Judgment Date
22 July 2021
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 Pt 2 a / Decision (principal Judgment)
Outcome
Application refused
Legal Topics
['tree Disputes Between Neighbours' 'hedges' 'obstruction of View' 'pruning Rights']
['environmental Law' 'property Law'] ['tree Disputes Between Neighbours' 'hedges' 'obstruction of View' 'pruning Rights']

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 Pt 2 a / Decision (principal Judgment)

Legal Issues

  1. 1 ['Whether the trees are planted so as to form a hedge under s 14A of the Trees (Disputes Between Neighbours) Act 2006' 'Whether the applicant made reasonable effort to reach agreement with the tree owners' 'Whether the Court has jurisdiction under Pt 2A of the Trees Act to make orders regarding severe obstruction of view']

Ratio Decidendi

The trees in question were not planted so as to form a hedge as required by s 14A of the Trees (Disputes Between Neighbours) Act 2006, and therefore Pt 2A of the Act does not apply; the Court has no jurisdiction to make orders in this matter.

Court Disposition

Application refused

Orders

  • ['The application is refused.']