Boddington v Julian & anor [2011] NSWLEC 1172

Boddington v Julian & anor [2011] NSWLEC 1172

Although the hedge does severely obstruct the view from one window (V2), the applicant's interest in having the obstruction remedied does not outweigh the respondents' need for privacy, especially given that water views are still available from various parts of the applicant's dwelling and the affected corridor of view is narrow and further limited by vegetation outside the respondents' property. The application therefore fails the discretionary balancing required by s 14E(2)(b), and no orders are warranted.

Jurisdiction
Australia
Judgment Date
24 June 2011
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Final Decision at First Instance
Outcome
Application dismissed
Legal Topics
['trees and Hedges' 'obstruction of Views' 'neighbour Disputes']
['property Law' 'environmental Law'] ['trees and Hedges' 'obstruction of Views' 'neighbour Disputes']

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Final Decision at First Instance

Legal Issues

  1. 1 ["Whether the hedge of Leyland Cypress trees severely obstructs the applicant's views" "Whether the applicant's interest in remedying the obstruction outweighs the respondents' need for privacy"]

Ratio Decidendi

Although the hedge does severely obstruct the view from one window (V2), the applicant's interest in having the obstruction remedied does not outweigh the respondents' need for privacy, especially given that water views are still available from various parts of the applicant's dwelling and the affected corridor of view is narrow and further limited by vegetation outside the respondents' property. The application therefore fails the discretionary balancing required by s 14E(2)(b), and no orders are warranted.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']