Meagher v Carroll & anor [2016] NSWLEC 1644

Meagher v Carroll & anor [2016] NSWLEC 1644

The obstruction caused by the cypress hedge did not amount to a severe obstruction of the applicant's view at the time of the hearing, and thus no orders for removal or pruning could be made under Part 2A of the Trees (Disputes Between Neighbours) Act 2006.

Jurisdiction
Australia
Judgment Date
22 December 2016
Procedural Posture
Trees (disputes Between Neighbours) / Application for Orders Under Part 2 a of the Trees (disputes Between Neighbours) Act 2006
Outcome
Application dismissed
Legal Topics
['tree Disputes' 'obstruction of Views' 'hedges']
['environmental Law' 'neighbour Disputes'] ['tree Disputes' 'obstruction of Views' 'hedges']

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Procedural Posture

Trees (disputes Between Neighbours) / Application for Orders Under Part 2 a of the Trees (disputes Between Neighbours) Act 2006

Legal Issues

  1. 1 ["Whether the trees (cypress trees and date palm) are severely obstructing the applicant's views under the Trees (Disputes Between Neighbours) Act 2006 Part 2A" 'Whether Part 2A applies to the palm tree' 'Whether orders should be made for removal or pruning of trees']

Ratio Decidendi

The obstruction caused by the cypress hedge did not amount to a severe obstruction of the applicant's view at the time of the hearing, and thus no orders for removal or pruning could be made under Part 2A of the Trees (Disputes Between Neighbours) Act 2006.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']