Low v Cooper [2022] NSWLEC 1596

Low v Cooper [2022] NSWLEC 1596

The Court was satisfied that the applicant made reasonable efforts over about 18 months to resolve the dispute, that the bamboo trees were a hedge to which Pt 2A applied, and that the hedge severely obstructed both views across Hunters Bay and sunlight to the lounge room window of 5 Ryan Avenue. After considering the matters in s 14F, the Court held that pruning the hedge to the level of the common fence outweighed any privacy benefit or other reason not to interfere with the bamboo, and ordered pruning and ongoing maintenance to a maximum height of 21.95m AHD.

Jurisdiction
Australia
Judgment Date
31 October 2022
Procedural Posture
Class 1 Application Under Pt 2 a of the Trees (disputes Between Neighbours) Act 2006 Seeking Orders to Prune and Maintain a Hedge / Principal Judgment After Onsite and in Court Hearing; Final Orders Made
Outcome
Application allowed; pruning and maintenance orders made against the respondent.
Legal Topics
['high Hedges' 'severe Obstruction of Views' 'severe Obstruction of Sunlight' 'reasonable Effort to Reach Agreement' 'balancing Views and Privacy' 'pruning Orders']
['land and Environment' 'trees Disputes Between Neighbours'] ['high Hedges' 'severe Obstruction of Views' 'severe Obstruction of Sunlight' 'reasonable Effort to Reach Agreement' 'balancing Views and Privacy' 'pruning Orders']

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Procedural Posture

Class 1 Application Under Pt 2 a of the Trees (disputes Between Neighbours) Act 2006 Seeking Orders to Prune and Maintain a Hedge / Principal Judgment After Onsite and in Court Hearing; Final Orders Made

Legal Issues

  1. 1 ['Whether the applicant made a reasonable effort to reach agreement with the respondent before orders were made.' 'Whether the bamboo trees formed a hedge to which Pt 2A of the Trees (Disputes Between Neighbours) Act 2006 applied.' "Whether the bamboo hedge severely obstructed sunlight to a window of the dwelling on the applicant's land or a view from that dwelling." "Whether the applicant's interest in having the obstruction remedied outweighed matters suggesting the undesirability of disturbing or interfering with the trees." 'What pruning and maintenance orders should be made.']

Ratio Decidendi

The Court was satisfied that the applicant made reasonable efforts over about 18 months to resolve the dispute, that the bamboo trees were a hedge to which Pt 2A applied, and that the hedge severely obstructed both views across Hunters Bay and sunlight to the lounge room window of 5 Ryan Avenue. After considering the matters in s 14F, the Court held that pruning the hedge to the level of the common fence outweighed any privacy benefit or other reason not to interfere with the bamboo, and ordered pruning and ongoing maintenance to a maximum height of 21.95m AHD.

Court Disposition

Application allowed; pruning and maintenance orders made against the respondent.

Orders

  • ['Within 45 days of the date of these orders, the respondent, at their own expense, shall prune the hedge of bamboo trees to the height of 21.95m AHD, which is along the southern boundary fence on 7 Ryan Avenue, being the common fence with 5 Ryan Avenue, and to remove refuse.' 'The respondent, at their own expense,...