Condon v Scott [2021] NSWLEC 1160

Condon v Scott [2021] NSWLEC 1160

Pt 2A of the Trees Act does not apply to the palms as they do not form a hedge, nor do they severely obstruct the applicant's view. The cypress trees do form a hedge, and their unpruned state severely obstructs the applicant's view. Orders to maintain the cypress hedge at or below 6.3 metres balance the rights and interests of both parties and are appropriate under the Act.

Jurisdiction
Australia
Judgment Date
06 April 2021
Procedural Posture
Tree Dispute Application / Judgment on Final Application
Outcome
Application regarding palms refused; application regarding cypress hedge granted.
Legal Topics
['tree Disputes Between Neighbours' 'obstruction of Views' "interpretation of 'hedge' Under the Trees Act" 'balancing Neighbour Rights']
['property Law' 'environmental Law'] ['tree Disputes Between Neighbours' 'obstruction of Views' "interpretation of 'hedge' Under the Trees Act" 'balancing Neighbour Rights']

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Procedural Posture

Tree Dispute Application / Judgment on Final Application

Legal Issues

  1. 1 ['Whether the palms and cypress hedge form a hedge under the Trees (Disputes Between Neighbours) Act 2006 (NSW)' "Whether the trees severely obstruct applicant's view" 'Whether consent orders can be made under the Trees Act' "Appropriate balancing of parties' interests"]

Ratio Decidendi

Pt 2A of the Trees Act does not apply to the palms as they do not form a hedge, nor do they severely obstruct the applicant's view. The cypress trees do form a hedge, and their unpruned state severely obstructs the applicant's view. Orders to maintain the cypress hedge at or below 6.3 metres balance the rights and interests of both parties and are appropriate under the Act.

Court Disposition

Application regarding palms refused; application regarding cypress hedge granted.

Orders

  • ['The application regarding the palms is refused.' 'The application regarding the cypress hedge is granted.' "The Respondents are to engage, at their expense, a suitably experienced tree maintenance contractor with all necessary insurances to undertake periodic pruning of Tree 12 (comprising of 19 individual...