Thompson v Quine [2021] NSWLEC 1645

Thompson v Quine [2021] NSWLEC 1645

The applicant had made reasonable efforts to reach agreement. The six lilly pilly trees, planted in a row along the common boundary to create a dense privacy screen and approximately 7 metres tall, were planted so as to form a hedge to which Pt 2A applied; the bottlebrush was a separate tree and not part of that hedge. The hedge was close to the applicant's north-facing windows, overhung the boundary, and severely obstructed sunlight and views. Having regard to s 14F, the applicant's interest in restoring sunlight and outlook outweighed the limited environmental value and privacy value of retaining the hedge at its current height. Because the applicant's loss since 2015 could be addressed...

Jurisdiction
Australia
Judgment Date
19 October 2021
Procedural Posture
Class 1 Application Under S 14 B (pt 2 A) of the Trees (disputes Between Neighbours) Act 2006 Seeking Orders for Neighbouring Trees to Be Pruned and Maintained / Principal Judgment; Application Determined After Hearing
Outcome
The application was granted to the extent of the pruning and associated access and notice orders.
Legal Topics
['pt 2 a Hedge Application' 'obstruction of Sunlight' 'obstruction of Views' 'pruning Orders' 'reasonable Efforts to Reach Agreement']
['land and Environment' 'trees Disputes Between Neighbours'] ['pt 2 a Hedge Application' 'obstruction of Sunlight' 'obstruction of Views' 'pruning Orders' 'reasonable Efforts to Reach Agreement']

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Procedural Posture

Class 1 Application Under S 14 B (pt 2 A) of the Trees (disputes Between Neighbours) Act 2006 Seeking Orders for Neighbouring Trees to Be Pruned and Maintained / Principal Judgment; Application Determined After Hearing

Legal Issues

  1. 1 ['Whether the applicant made reasonable effort to reach agreement with the respondent before seeking orders' 'Whether the six lilly pilly trees and the bottlebrush were planted on adjoining land so as to form a hedge for Pt 2A of the Trees (Disputes Between Neighbours) Act 2006' "Whether the hedge severely obstructed sunlight to windows of the applicant's dwelling or views from the dwelling" "Whether the applicant's interest in mitigating the obstruction outweighed reasons to avoid interfering with the trees, having regard to s 14F" 'What pruning or maintenance orders should be made']

Ratio Decidendi

The applicant had made reasonable efforts to reach agreement. The six lilly pilly trees, planted in a row along the common boundary to create a dense privacy screen and approximately 7 metres tall, were planted so as to form a hedge to which Pt 2A applied; the bottlebrush was a separate tree and not part of that hedge. The hedge was close to the applicant's north-facing windows, overhung the boundary, and severely obstructed sunlight and views. Having regard to s 14F, the applicant's interest in restoring sunlight and outlook outweighed the limited environmental value and privacy value of retaining the hedge at its current height. Because the applicant's loss since 2015 could be addressed...

Court Disposition

The application was granted to the extent of the pruning and associated access and notice orders.

Orders

  • ['The application is granted to the extent of the orders below.' "Until the lilly pilly trees in the hedge along the respondent's southern boundary are removed, during November each year beginning November 2021, the respondent is to prune, or is to engage a suitably insured landscape contractor or arborist to prune,...