Bowden & anor v Grayson & anor [2013] NSWLEC 1161

Bowden & anor v Grayson & anor [2013] NSWLEC 1161

The Court was not satisfied, as required by s 14E(2)(b) of the Trees (Disputes Between Neighbours) Act 2006, that the applicants' interest in having the trees pruned to obtain views outweighs the adverse impact to the respondents' privacy and the health of the trees. The applicants had not previously enjoyed the desired view, and the degree of potential view gain was uncertain.

Jurisdiction
Australia
Judgment Date
19 July 2013
Procedural Posture
Tree Dispute (view Obstruction) / Final Judgment
Outcome
Application dismissed
Legal Topics
['tree Disputes' 'obstruction of Views' 'privacy' 'iconic Views' 'hedge Disputes']
['property Law' 'environmental Law'] ['tree Disputes' 'obstruction of Views' 'privacy' 'iconic Views' 'hedge Disputes']

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Procedural Posture

Tree Dispute (view Obstruction) / Final Judgment

Legal Issues

  1. 1 ["Whether the respondents' hedge of trees causes a severe obstruction of the applicants' views" 'Whether the severity of obstruction outweighs reasons for not interfering with the trees under s 14F of the Act']

Ratio Decidendi

The Court was not satisfied, as required by s 14E(2)(b) of the Trees (Disputes Between Neighbours) Act 2006, that the applicants' interest in having the trees pruned to obtain views outweighs the adverse impact to the respondents' privacy and the health of the trees. The applicants had not previously enjoyed the desired view, and the degree of potential view gain was uncertain.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']