Evans v Anderson [2011] NSWLEC 1024

Evans v Anderson [2011] NSWLEC 1024

The Cypress trees severely obstruct the applicant's view from his dwelling, satisfying the statutory threshold. However, the privacy of the respondent would not be significantly compromised if the trees were pruned to restore the view, and the trees would not be detrimentally affected. Pruning rather than removal achieves a fair balance between interests.

Jurisdiction
Australia
Judgment Date
21 February 2011
Procedural Posture
Tree Dispute Application / Final Judgment
Outcome
Application to remove trees dismissed; orders for pruning and maintenance given.
Legal Topics
['trees (disputes Between Neighbours) Act 2006' 'view Obstruction' 'privacy' 'pruning Order']
['property Law'] ['trees (disputes Between Neighbours) Act 2006' 'view Obstruction' 'privacy' 'pruning Order']

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Procedural Posture

Tree Dispute Application / Final Judgment

Legal Issues

  1. 1 ["Whether the respondent's trees severely obstruct the applicant's view from his dwelling under the Trees (Disputes Between Neighbours) Act 2006" 'Whether the balance of privacy and view restoration warrants pruning or removal of the trees']

Ratio Decidendi

The Cypress trees severely obstruct the applicant's view from his dwelling, satisfying the statutory threshold. However, the privacy of the respondent would not be significantly compromised if the trees were pruned to restore the view, and the trees would not be detrimentally affected. Pruning rather than removal achieves a fair balance between interests.

Court Disposition

Application to remove trees dismissed; orders for pruning and maintenance given.

Orders

  • ['The application to remove the trees is dismissed.' 'The respondent is to engage and pay for an AQF level 3 horticulturist or arborist to prune the Cypress trees to a height of no more than 3.2 metres.' 'Thereafter, the trees are to be maintained at a height no greater than 3.5 metres at the cost of the...