Reilly v Costello [2019] NSWLEC 1534

Reilly v Costello [2019] NSWLEC 1534

The Court could not make orders because it was not satisfied that the bamboo was planted so as to form a hedge, and the cape honeysuckle appeared to be a single plant rather than a group of two or more trees to which Part 2A applies.

Jurisdiction
Australia
Judgment Date
31 October 2019
Procedural Posture
Class 2 Application Under S 14 B of the Trees (disputes Between Neighbours) Act 2006 (nsw) / Final Decision
Outcome
The application is refused.
Legal Topics
['hedges' 'bamboo' 'obstruction of Sunlight' 'part 2 a Groups of Two or More Trees']
['trees Disputes Between Neighbours' 'environmental Planning and Land Law'] ['hedges' 'bamboo' 'obstruction of Sunlight' 'part 2 a Groups of Two or More Trees']

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Procedural Posture

Class 2 Application Under S 14 B of the Trees (disputes Between Neighbours) Act 2006 (nsw) / Final Decision

Legal Issues

  1. 1 ['Whether the bamboo was planted in a group of two or more trees so as to form a hedge for the purposes of s 14A(1)(a) of the Trees (Disputes Between Neighbours) Act 2006 (NSW).' 'Whether the cape honeysuckle was part of a group of two or more trees to which Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (NSW) applies.' 'Whether the Court could make orders for removal or pruning under s 14B of the Trees (Disputes Between Neighbours) Act 2006 (NSW).']

Ratio Decidendi

The Court could not make orders because it was not satisfied that the bamboo was planted so as to form a hedge, and the cape honeysuckle appeared to be a single plant rather than a group of two or more trees to which Part 2A applies.

Court Disposition

The application is refused.

Orders

  • ['The application is refused.']