Daley v Reid & anor; Flanagan v Reid & anor [2013] NSWLEC 1031

Daley v Reid & anor; Flanagan v Reid & anor [2013] NSWLEC 1031

The Court found that the bamboo could be considered a hedge, thereby passing the first jurisdictional test. However, upon site inspection and review of evidence, it was determined that neither applicant suffered a severe obstruction of their views as required by the Trees (Disputes Between Neighbours) Act 2006. Therefore, the Court did not have jurisdiction to make the orders sought, and both applications were dismissed.

Jurisdiction
Australia
Judgment Date
26 February 2013
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Final Decision After Hearing
Outcome
Applications dismissed
Legal Topics
['tree Disputes' 'obstruction of Views' 'neighbourhood Disputes' 'jurisdictional Tests']
['environmental Law' 'property Law'] ['tree Disputes' 'obstruction of Views' 'neighbourhood Disputes' 'jurisdictional Tests']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

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

Legal Issues

  1. 1 ['Whether the trees form a hedge for the purposes of the Act' 'Whether the trees severely obstruct views from the applicants’ dwellings' 'Whether the Court has jurisdiction to make the orders sought']

Ratio Decidendi

The Court found that the bamboo could be considered a hedge, thereby passing the first jurisdictional test. However, upon site inspection and review of evidence, it was determined that neither applicant suffered a severe obstruction of their views as required by the Trees (Disputes Between Neighbours) Act 2006. Therefore, the Court did not have jurisdiction to make the orders sought, and both applications were dismissed.

Court Disposition

Applications dismissed

Orders

  • ['Application 21157 of 2012 is dismissed.' 'Application 21158 of 2012 is dismissed.']