Lane v Harvey [2011] NSWLEC 1227

Lane v Harvey [2011] NSWLEC 1227

The Court was not satisfied that, at the time of determination, there was any obstruction of the applicant's views from the relevant viewpoints caused by the bamboo, and accordingly, the application must be dismissed.

Jurisdiction
Australia
Judgment Date
05 August 2011
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Decision
Outcome
application dismissed
Legal Topics
['trees (disputes Between Neighbours)' 'obstruction of Views']
['property Law'] ['trees (disputes Between Neighbours)' 'obstruction of Views']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the bamboo hedge severely obstructs a view from the applicant's dwelling within the meaning of s 14E(2) of the Trees (Disputes Between Neighbours) Act 2006"]

Ratio Decidendi

The Court was not satisfied that, at the time of determination, there was any obstruction of the applicant's views from the relevant viewpoints caused by the bamboo, and accordingly, the application must be dismissed.

Court Disposition

application dismissed

Orders

  • ['The application is dismissed.']