Hough & anor v Rettenmaier & anor [2010] NSWLEC 1354

Hough & anor v Rettenmaier & anor [2010] NSWLEC 1354

The Court found that the bamboo hedge severely obstructs the applicants' view from their lower balcony, which is their principal private outdoor area; this obstruction is sufficient to enliven the Court's jurisdiction. The hedge is to be pruned to alleviate the obstruction, balanced against privacy interests of the respondents, and such pruning is a reasonable burden to impose.

Jurisdiction
Australia
Judgment Date
13 October 2010
Procedural Posture
Tree Dispute / Judgment
Outcome
orders made to prune and maintain bamboo hedge
Legal Topics
['trees and Vegetation' 'view Obstruction' 'privacy' 'neighbourhood Disputes']
['property Law' 'environmental Law'] ['trees and Vegetation' 'view Obstruction' 'privacy' 'neighbourhood Disputes']

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Procedural Posture

Tree Dispute / Judgment

Legal Issues

  1. 1 ["Whether the bamboo hedge constitutes a 'tree' under the legislation" "Whether the hedge obstructs views from the applicants' property and whether this obstruction is severe" "Whether the applicants' interest in removal or reduction of the hedge outweighs the respondents' interest in privacy"]

Ratio Decidendi

The Court found that the bamboo hedge severely obstructs the applicants' view from their lower balcony, which is their principal private outdoor area; this obstruction is sufficient to enliven the Court's jurisdiction. The hedge is to be pruned to alleviate the obstruction, balanced against privacy interests of the respondents, and such pruning is a reasonable burden to impose.

Court Disposition

orders made to prune and maintain bamboo hedge

Orders

  • ["The respondents are to prune the bamboo at the rear of their property to a height of 1.8 metres above the top of the fence between their property and the applicants' property." 'This pruning is to be undertaken within ninety days of the date of these orders.' 'The respondents are to maintain the bamboo pruned to a...