Lawrence v Spencer & anor [2011] NSWLEC 1060

Lawrence v Spencer & anor [2011] NSWLEC 1060

Some, but not all, of the respondents' trees forming hedges severely obstructed views to Brisbane Water from the applicant's dwelling. After applying s 14E(2)(b) and the relevant s 14F considerations, especially the existence of other views, compromised view corridors, privacy and amenity, and the trees' ability to tolerate pruning, the applicant's interest justified pruning only selected trees to 3 m rather than fence height.

Jurisdiction
Australia
Judgment Date
08 March 2011
Procedural Posture
Class 2 Application Under S 14 B Part 2 a of the Trees (disputes Between Neighbours) Act 2006 to Prune Trees Forming Hedges / Principal Judgment
Outcome
Application to prune hedge upheld in part.
Legal Topics
['hedge Pruning' 'obstruction of Views' 'trees (disputes Between Neighbours) Act 2006' 'neighbour Disputes']
['land and Environment' 'trees and Neighbours'] ['hedge Pruning' 'obstruction of Views' 'trees (disputes Between Neighbours) Act 2006' 'neighbour Disputes']

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Procedural Posture

Class 2 Application Under S 14 B Part 2 a of the Trees (disputes Between Neighbours) Act 2006 to Prune Trees Forming Hedges / Principal Judgment

Legal Issues

  1. 1 ['Whether the relevant trees satisfied the jurisdictional requirements in s 14A of the Trees (Disputes Between Neighbours) Act 2006.' "Whether the trees severely obstructed a view from the applicant's dwelling under s 14E(2)(a)(ii) of the Trees (Disputes Between Neighbours) Act 2006." "Whether the applicant's interest in having the obstruction removed, remedied or restrained outweighed matters suggesting the undesirability of disturbing or interfering with the trees under s 14E(2)(b) and s 14F of the Trees (Disputes Between Neighbours) Act 2006." 'What pruning orders, if any, should be made.']

Ratio Decidendi

Some, but not all, of the respondents' trees forming hedges severely obstructed views to Brisbane Water from the applicant's dwelling. After applying s 14E(2)(b) and the relevant s 14F considerations, especially the existence of other views, compromised view corridors, privacy and amenity, and the trees' ability to tolerate pruning, the applicant's interest justified pruning only selected trees to 3 m rather than fence height.

Court Disposition

Application to prune hedge upheld in part.

Orders

  • ["The application to prune and maintain the trees and shrubs in the respondents' property is upheld in part." "The respondents are to prune and maintain Brush Cherries 3-8 in hedge 1, numbered from north-west/upslope to south-east/down-slope, to a height not exceeding 3 m measured from ground level within the...