Roennfeldt v Ahearne [2011] NSWLEC 1116

Roennfeldt v Ahearne [2011] NSWLEC 1116

Although Part 2A applied to the Tuckeroo trees, the trees had been pruned before the hearing and, on the site inspection, did not cause a severe obstruction of a view from the applicants' dwelling. Because severe obstruction at the time of the hearing was required for jurisdiction to make orders, the Court had no jurisdiction to order reduction of the trees and dismissed the application.

Jurisdiction
Australia
Judgment Date
19 May 2011
Procedural Posture
Class 2 Application Under S 14 B Part 2 a of the Trees (disputes Between Neighbours) Act 2006 / Hearing and Decision After Site View
Outcome
Application dismissed
Legal Topics
['hedge' 'obstruction of Views' 'jurisdiction' 'pruning Before Hearing' 'severe Obstruction of Views']
['trees Disputes' 'neighbour Disputes'] ['hedge' 'obstruction of Views' 'jurisdiction' 'pruning Before Hearing' 'severe Obstruction of Views']

Case Brief

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Procedural Posture

Class 2 Application Under S 14 B Part 2 a of the Trees (disputes Between Neighbours) Act 2006 / Hearing and Decision After Site View

Legal Issues

  1. 1 ['Whether Part 2A of the Trees (Disputes Between Neighbours) Act 2006 applied to the hedge trees.' "Whether the respondents' trees were severely obstructing a view from the applicants' dwelling at the time of the hearing so as to give the Court jurisdiction to make orders." 'Whether orders should be made to reduce the height of two trees in the hedge.']

Ratio Decidendi

Although Part 2A applied to the Tuckeroo trees, the trees had been pruned before the hearing and, on the site inspection, did not cause a severe obstruction of a view from the applicants' dwelling. Because severe obstruction at the time of the hearing was required for jurisdiction to make orders, the Court had no jurisdiction to order reduction of the trees and dismissed the application.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']