Jones v Cooper [2020] NSWLEC 1688

Jones v Cooper [2020] NSWLEC 1688

Section 14A(1) of the Act is not satisfied as there is no evidence the bamboo was planted so as to form a hedge; therefore, the application fails jurisdictional requirements, and the Court cannot grant the orders sought.

Parties
Applicant: Gregory Stephen Jones; Respondent: Felicity Cooper
Jurisdiction
Australia
Judgment Date
12 November 2020
Procedural Posture
Trees (disputes Between Neighbours) Application / Principal Judgment
Outcome
Application dismissed
Legal Topics
Trees (disputes Between Neighbours), Hedge Disputes, Obstruction of Views, Interpretation of Trees (disputes Between Neighbours) Act 2006
Environmental Law Property Law Trees (disputes Between Neighbours) Hedge Disputes Obstruction of Views Interpretation of Trees (disputes Between Neighbours) Act 2006

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Parties

Gregory Stephen Jones

Applicant

Felicity Cooper

Respondent

Procedural Posture

Trees (disputes Between Neighbours) Application / Principal Judgment

Legal Issues

  1. 1 Whether the bamboo on the respondent's property constitutes a 'hedge' within the meaning of s 14A(1) of the Trees (Disputes Between Neighbours) Act 2006
  2. 2 Whether orders can be made to improve views that did not exist at the time of the applicant's property purchase

Ratio Decidendi

Section 14A(1) of the Act is not satisfied as there is no evidence the bamboo was planted so as to form a hedge; therefore, the application fails jurisdictional requirements, and the Court cannot grant the orders sought.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.