Greenaway v Garcia [2022] NSWLEC 1474

Greenaway v Garcia [2022] NSWLEC 1474

Given the severe obstruction of valuable views caused by the hedge, and the balancing of interests, the Jacaranda was ordered removed as it is unsuited to height reduction. The remaining hedge is to be pruned and maintained at a determined height, preserving privacy while restoring views. The evidence was insufficient to order compensation for historical damage or plumbing costs, and risk of injury was not established.

Jurisdiction
Australia
Judgment Date
09 September 2022
Procedural Posture
Tree Dispute (neighbour Disputes) / Principal Judgment
Outcome
Orders made for removal of the Jacaranda tree, pruning and ongoing maintenance of total hedge height, and for works to be carried out by qualified arborists at respondents' expense; no compensation ordered.
Legal Topics
['trees (disputes Between Neighbours) Act 2006' 'obstruction of Views' 'damage Caused by Trees' 'view Sharing' 'pruning and Removal Orders']
['property Law' 'environmental Law'] ['trees (disputes Between Neighbours) Act 2006' 'obstruction of Views' 'damage Caused by Trees' 'view Sharing' 'pruning and Removal Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Tree Dispute (neighbour Disputes) / Principal Judgment

Legal Issues

  1. 1 ['Whether the trees form a hedge within the meaning of the Trees (Disputes Between Neighbours) Act 2006' "Whether the trees are causing a severe obstruction of views from the applicant's dwelling" "Whether historical or likely future damage to the applicant's property was caused by the trees" 'Balancing the interests of applicant (views, damage, risk) and respondents (privacy, landscaping)']

Ratio Decidendi

Given the severe obstruction of valuable views caused by the hedge, and the balancing of interests, the Jacaranda was ordered removed as it is unsuited to height reduction. The remaining hedge is to be pruned and maintained at a determined height, preserving privacy while restoring views. The evidence was insufficient to order compensation for historical damage or plumbing costs, and risk of injury was not established.

Court Disposition

Orders made for removal of the Jacaranda tree, pruning and ongoing maintenance of total hedge height, and for works to be carried out by qualified arborists at respondents' expense; no compensation ordered.

Orders

  • ['Within 45 days, the respondents at their expense shall remove the Jacaranda tree to near ground level, poison stump, and remove refuse.' 'Within 45 days, the respondents at their expense shall prune the height of the hedge (two Lilly Pilly trees and one Black Bean tree) to a point four metres higher than the base...