Harrison v Treasure [2018] NSWLEC 1190

Harrison v Treasure [2018] NSWLEC 1190

The three trees were not planted so as to form a hedge: the larger mango clearly predated the others, there was no evidence of an intent to plant the trees as a hedge, and their placement did not suggest hedge-like planting. Part 2A of the Trees Act therefore did not apply, so the Court could not make orders to interfere with the trees and the application had to be dismissed.

Jurisdiction
Australia
Judgment Date
17 April 2018
Procedural Posture
Class 2 Application Under S 14 B of the Trees (disputes Between Neighbours) Act 2006 (nsw) Seeking Orders for Tree Removal and Pruning / Hearing and Final Determination
Outcome
Application dismissed.
Legal Topics
['hedges' 'obstruction of Views' 'tree Pruning' 'tree Removal' 'amenity' 'erosion Control']
['trees Disputes Between Neighbours' 'land and Environment'] ['hedges' 'obstruction of Views' 'tree Pruning' 'tree Removal' 'amenity' 'erosion Control']

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Procedural Posture

Class 2 Application Under S 14 B of the Trees (disputes Between Neighbours) Act 2006 (nsw) Seeking Orders for Tree Removal and Pruning / Hearing and Final Determination

Legal Issues

  1. 1 ["Whether the three trees on the respondent's property were planted so as to form a hedge within Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (NSW)." "Whether the trees severely obstructed views from the applicant's dwelling." 'Whether reasons not to interfere with the trees outweighed reasons for making orders for removal or pruning.']

Ratio Decidendi

The three trees were not planted so as to form a hedge: the larger mango clearly predated the others, there was no evidence of an intent to plant the trees as a hedge, and their placement did not suggest hedge-like planting. Part 2A of the Trees Act therefore did not apply, so the Court could not make orders to interfere with the trees and the application had to be dismissed.

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.']