McDougall v Philip [2011] NSWLEC 1280

McDougall v Philip [2011] NSWLEC 1280

The applicant seeks orders that would create a view not available when she purchased the unit. Making such orders would contravene the intent of the Act, which does not confer a right to an increased view but only enables remedying severe obstructions of existing views. The discretionary considerations do not justify disturbing the hedge.

Parties
Applicant: Ms A McDougall; Respondent: Mrs B Philip; Respondent: Mr G Philip
Jurisdiction
Australia
Judgment Date
26 September 2011
Procedural Posture
Tree Dispute Application / Final Judgment
Outcome
Application dismissed
Legal Topics
Tree Disputes Between Neighbours, Obstruction of Views, Hedge Disputes
Property Law Environmental Law Tree Disputes Between Neighbours Obstruction of Views Hedge Disputes

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Parties

Ms A McDougall

Applicant

Mrs B Philip

Respondent

Mr G Philip

Respondent

Procedural Posture

Tree Dispute Application / Final Judgment

Legal Issues

  1. 1 Whether Tree 3 severely obstructs a view from the applicant's dwelling
  2. 2 Whether the obstruction warrants orders to restore or maintain a view

Ratio Decidendi

The applicant seeks orders that would create a view not available when she purchased the unit. Making such orders would contravene the intent of the Act, which does not confer a right to an increased view but only enables remedying severe obstructions of existing views. The discretionary considerations do not justify disturbing the hedge.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.