Gadallah v Lennon [2020] NSWLEC 1529

Gadallah v Lennon [2020] NSWLEC 1529

The bamboo hedge, including the part on the respondents' land, does not severely obstruct the applicant's views from his dwelling, and thus jurisdictional requirements under the Trees (Disputes Between Neighbours) Act 2006 (NSW) are not met. The application is refused.

Jurisdiction
Australia
Judgment Date
30 October 2020
Procedural Posture
Tree Dispute Application / Final Decision After Hearing
Outcome
Application refused.
Legal Topics
['tree Disputes' 'hedges' 'obstruction of Views' 'trees (disputes Between Neighbours) Act Applications']
['environmental Law'] ['tree Disputes' 'hedges' 'obstruction of Views' 'trees (disputes Between Neighbours) Act Applications']

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Procedural Posture

Tree Dispute Application / Final Decision After Hearing

Legal Issues

  1. 1 ["Whether the hedge severely obstructs views from the applicant's dwelling as required under the Trees (Disputes Between Neighbours) Act 2006 (NSW)" 'Whether the court has jurisdiction over the part of the hedge on council-managed land' 'Whether the applicant made reasonable effort to resolve the dispute with neighbours']

Ratio Decidendi

The bamboo hedge, including the part on the respondents' land, does not severely obstruct the applicant's views from his dwelling, and thus jurisdictional requirements under the Trees (Disputes Between Neighbours) Act 2006 (NSW) are not met. The application is refused.

Court Disposition

Application refused.

Orders

  • ['The application is refused.']