Bowen v Harvey [2011] NSWLEC 1228

Bowen v Harvey [2011] NSWLEC 1228

At the time of determination, the recently trimmed bamboo did not obstruct any of the identified views from the applicant's dwelling, let alone severely obstruct them, so the statutory precondition for making an order was not satisfied and the application was dismissed.

Jurisdiction
Australia
Judgment Date
05 August 2011
Procedural Posture
Class 2 Application Pursuant to Part 2 a of the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment After Onsite Hearing
Outcome
The application is dismissed.
Legal Topics
['hedge' 'obstruction of Views' 'bamboo on Adjoining Land']
['trees Disputes' 'neighbour Disputes' 'land and Environment Court Jurisdiction'] ['hedge' 'obstruction of Views' 'bamboo on Adjoining Land']

Case Brief

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Procedural Posture

Class 2 Application Pursuant to Part 2 a of the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment After Onsite Hearing

Legal Issues

  1. 1 ["Whether the bamboo hedge was severely obstructing a view from the applicant's dwelling within s 14E(2) of the Trees (Disputes Between Neighbours) Act 2006." 'Whether orders should be made for removal or pruning and maintenance of the bamboo hedge.']

Ratio Decidendi

At the time of determination, the recently trimmed bamboo did not obstruct any of the identified views from the applicant's dwelling, let alone severely obstruct them, so the statutory precondition for making an order was not satisfied and the application was dismissed.

Court Disposition

The application is dismissed.

Orders

  • ['The application is dismissed.']