Bowen v Duan [2018] NSWLEC 1189

Bowen v Duan [2018] NSWLEC 1189

The application is dismissed because, as of the hearing date, there is no severe obstruction from the bamboo hedge due to recent pruning.

Jurisdiction
Australia
Judgment Date
16 April 2018
Procedural Posture
Tree Dispute (class 2) / Hearing and Judgment
Outcome
Application dismissed
Legal Topics
['trees (disputes Between Neighbours)' 'obstruction of Sunlight and Views' 'hedges' 'pruning of Vegetation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Tree Dispute (class 2) / Hearing and Judgment

  1. 1 ['Whether a bamboo hedge constitutes a severe obstruction of sunlight or views under relevant legislation' 'Whether the application should be dismissed as the obstruction no longer exists']

Ratio Decidendi

The application is dismissed because, as of the hearing date, there is no severe obstruction from the bamboo hedge due to recent pruning.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']