Solomon v Shagrin & anor [2016] NSWLEC 1587

Solomon v Shagrin & anor [2016] NSWLEC 1587

The obstruction caused by the respondents' trees to the applicant's view, although moderate at points, does not meet the threshold of 'severe' obstruction as required by s 14E(2)(a)(ii) of the Trees Act. Consequently, the jurisdictional requirements for relief are not satisfied and the application must be dismissed.

Jurisdiction
Australia
Judgment Date
07 December 2016
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006, Part 2 a / Final Judgment
Outcome
Application dismissed
Legal Topics
['trees on Boundaries' 'obstruction of Views' 'hedge Disputes']
['environmental Law' 'property Law'] ['trees on Boundaries' 'obstruction of Views' 'hedge Disputes']

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006, Part 2 a / Final Judgment

Legal Issues

  1. 1 ["Whether trees on the respondents' property severely obstruct views from the applicant's dwelling under s 14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006" "Whether the trees constitute a 'hedge' as defined by the Act and thus fall under Part 2A" "Whether the obstruction is 'severe' per statutory requirements"]

Ratio Decidendi

The obstruction caused by the respondents' trees to the applicant's view, although moderate at points, does not meet the threshold of 'severe' obstruction as required by s 14E(2)(a)(ii) of the Trees Act. Consequently, the jurisdictional requirements for relief are not satisfied and the application must be dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']