Mathers v Webb [2011] NSWLEC 1211

Mathers v Webb [2011] NSWLEC 1211

The trees, though not originally intended as a hedge, now satisfy the definition of a hedge under s 14A; however, the obstruction of the applicant's view by the Banksias is moderate, not severe, and therefore the threshold under s 14E(2) for orders has not been met. As severe obstruction is not established, no orders can be made.

Jurisdiction
Australia
Judgment Date
13 July 2011
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Judgment
Outcome
Application dismissed
Legal Topics
['obstruction of Views by Trees' 'hedges and Neighbours' 'jurisdiction Under Trees (disputes Between Neighbours) Act 2006']
['environmental Law' 'property Law'] ['obstruction of Views by Trees' 'hedges and Neighbours' 'jurisdiction Under Trees (disputes Between Neighbours) Act 2006']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the trees constitute a hedge under s 14A of the Act' 'Whether the trees are severely obstructing a view from a dwelling under s 14E(2)' 'What orders (if any) may be made if jurisdictional requirements are met']

Ratio Decidendi

The trees, though not originally intended as a hedge, now satisfy the definition of a hedge under s 14A; however, the obstruction of the applicant's view by the Banksias is moderate, not severe, and therefore the threshold under s 14E(2) for orders has not been met. As severe obstruction is not established, no orders can be made.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']