Fortescue & anor v Knarf Holdings Pty Ltd [2016] NSWLEC 1605

Fortescue & anor v Knarf Holdings Pty Ltd [2016] NSWLEC 1605

The Court found the obstruction of views from the applicants' dwelling by the respondent's trees to be minor at most and well below the threshold of 'severe' required under s 14E(2)(a)(ii) of the Trees Act; therefore, jurisdiction was not engaged and no order could be made.

Parties
Applicants: Neville and Lisle Fortescue; Respondent: Knarf Holdings Pty Ltd
Jurisdiction
Australia
Judgment Date
16 December 2016
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Judgment at First Instance
Outcome
Application dismissed
Legal Topics
Trees (disputes Between Neighbours) Act 2006, Obstruction of Views, Hedge Disputes
Property Environmental Law Trees (disputes Between Neighbours) Act 2006 Obstruction of Views Hedge Disputes

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Parties

Neville and Lisle Fortescue

Applicants

Knarf Holdings Pty Ltd

Respondent

Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Judgment at First Instance

Legal Issues

  1. 1 Whether the trees planted as a hedge severely obstruct views from the applicant's dwelling under s 14E(2)(a)(ii) of the Trees Act
  2. 2 Whether jurisdictional prerequisites for Court orders under Part 2A of the Trees Act are met

Ratio Decidendi

The Court found the obstruction of views from the applicants' dwelling by the respondent's trees to be minor at most and well below the threshold of 'severe' required under s 14E(2)(a)(ii) of the Trees Act; therefore, jurisdiction was not engaged and no order could be made.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.