Medway & anor v Smyth-King & anor [2015] NSWLEC 1011

Medway & anor v Smyth-King & anor [2015] NSWLEC 1011

The respondent's trees do not severely obstruct the nominated views from the applicant's dwelling according to the statutory threshold in s 14E(2)(a)(ii) of the Trees Act; therefore, the Court's power to order pruning is not engaged and the application must be dismissed.

Parties
Applicant: H & W Medway; Respondent: E & J Smyth-King
Jurisdiction
Australia
Judgment Date
02 February 2015
Procedural Posture
Tree Dispute / Final Judgment
Outcome
application dismissed
Legal Topics
Trees and Hedges, Obstruction of Views, Trees (disputes Between Neighbours) Act 2006
Property Law Environmental Law Trees and Hedges Obstruction of Views Trees (disputes Between Neighbours) Act 2006

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Parties

H & W Medway

Applicant

E & J Smyth-King

Respondent

Procedural Posture

Tree Dispute / Final Judgment

Legal Issues

  1. 1 Whether the respondents' trees severely obstruct views from the applicants' dwelling in terms of s 14E(2)(a)(ii) of the Trees (Disputes Between Neighbours) Act 2006

Ratio Decidendi

The respondent's trees do not severely obstruct the nominated views from the applicant's dwelling according to the statutory threshold in s 14E(2)(a)(ii) of the Trees Act; therefore, the Court's power to order pruning is not engaged and the application must be dismissed.

Court Disposition

application dismissed

Orders

  • The application is dismissed.