McIntosh v Humphrey & anor [2015] NSWLEC 1115

The trees, being variable in spacing, species, and arrangement, were not planted so as to form a hedge; therefore, Part 2A of the Act does not apply and the Court has no jurisdiction to make orders.

Jurisdiction: Australia
Judgment Date: 23 April 2015
Procedural Posture: Application Under Trees (disputes Between Neighbours) Act 2006 (nsw), Part 2 a / Final Judgment at First Instance
Outcome: Application dismissed
Legal Topics: ['trees (disputes Between Neighbours) Act 2006' 'hedge Definition' 'jurisdiction Under Part 2 A' 'obstruction of Views']

['property Law' 'environmental Law'] ['trees (disputes Between Neighbours) Act 2006' 'hedge Definition' 'jurisdiction Under Part 2 A' 'obstruction of Views']

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Procedural Posture

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

Legal Issues

1 ["Whether the trees on the respondents' property constitute a hedge for the purposes of Part 2A of the Trees (Disputes Between Neighbours) Act 2006" 'Whether the Court has jurisdiction to make orders under s 14D']

Ratio Decidendi

The trees, being variable in spacing, species, and arrangement, were not planted so as to form a hedge; therefore, Part 2A of the Act does not apply and the Court has no jurisdiction to make orders.

Court Disposition

Application dismissed

Orders

['The application is dismissed.']