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
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Procedural Posture
Tree Dispute (class 2) / Hearing and Judgment
Legal Issues
- 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.']
Full Case Text
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