Bowen v Martin [2011] NSWLEC 1195

Bowen v Martin [2011] NSWLEC 1195

None of the hedges that met the statutory jurisdictional test under s14A were found to severely obstruct any of the nominated views, thus the test in s14E(2)(a)(ii) was not met and no orders could be made.

Jurisdiction
Australia
Judgment Date
12 July 2011
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Final Judgment
Outcome
Application dismissed
Legal Topics
['trees' 'obstruction of Views' 'court Jurisdiction Over Hedges']
['property Law' 'neighbour Disputes' 'environmental Law'] ['trees' 'obstruction of Views' 'court Jurisdiction Over Hedges']

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Final Judgment

Legal Issues

  1. 1 ["Whether hedges owned by the respondent severely obstruct the applicants' views from their dwelling under s14B of the Trees (Disputes Between Neighbours) Act 2006" 'Whether the Court has jurisdiction over nominated hedges under s14A of the Act' 'Whether the severity of view obstruction meets the threshold for intervention by the Court']

Ratio Decidendi

None of the hedges that met the statutory jurisdictional test under s14A were found to severely obstruct any of the nominated views, thus the test in s14E(2)(a)(ii) was not met and no orders could be made.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']