Cockinos & anor v Coorey & anor and Cockinos & anor v O'Sullivan [2011] NSWLEC 1091

Cockinos & anor v Coorey & anor and Cockinos & anor v O'Sullivan [2011] NSWLEC 1091

The Court found the hibiscus trees and bamboo hedge sufficiently met statutory requirements for forming a hedge and exceeded height thresholds. The Court determined the trees caused severe obstruction of views from the applicants' dwelling under s 14E(2)(a)(ii), and that the applicants' interest in remediating this...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 April 2011
Procedural Posture
Appeal / Final Judgment
Outcome
Appeals upheld
Legal Topics
['tree Disputes Between Neighbours' 'obstruction of Views' 'hedges' 'privacy']
['property Law' 'environmental Law'] ['tree Disputes Between Neighbours' 'obstruction of Views' 'hedges' 'privacy']

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ["Whether the trees (hedges) severely obstruct views from the applicants' dwelling" 'Whether the severity of the obstruction justifies court intervention under s 14A–14F of the Trees (Disputes Between Neighbours) Act 2006']

Ratio Decidendi

The Court found the hibiscus trees and bamboo hedge sufficiently met statutory requirements for forming a hedge and exceeded height thresholds. The Court determined the trees caused severe obstruction of views from the applicants' dwelling under s 14E(2)(a)(ii), and that the applicants' interest in remediating this outweighed the respondents' privacy concerns, provided pruning was undertaken to a specified height, annually, to achieve a reasonable balance. The Court specified the extent of pruning and allocated responsibilities and costs accordingly.

Court Disposition

Appeals upheld

Orders

  • ["Respondents to engage and pay for an AQF 3 level horticulturist or arborist to prune hibiscus and bamboo hedges to the specified heights relative to the applicants' balcony or terrace." 'Initial pruning to be carried out within 30 days of the orders.' 'Applicants to reimburse respondents 50% of the initial pruning...