Akerman v Neal [2016] NSWLEC 1298

Akerman v Neal [2016] NSWLEC 1298

Although the parties agreed that the statutory hedge provisions applied to the 8 Leyland Cypress trees, the Court found that the obstruction from the nominated viewpoints was minor to moderate at most and not severe. Because the trees were not severely obstructing the views at the time of the hearing, the jurisdictional threshold for making orders was not met and the application was dismissed.

Jurisdiction
Australia
Judgment Date
01 July 2016
Procedural Posture
Class 2 Application Under S 14 B Part 2 a of the Trees (disputes Between Neighbours) Act 2006 Concerning Leyland Cypress Trees / Principal Judgment After Hearing
Outcome
The application is dismissed.
Legal Topics
['hedge' 'obstruction of Views' 'privacy' 'jurisdiction']
['trees Disputes Between Neighbours' 'land and Environment'] ['hedge' 'obstruction of Views' 'privacy' 'jurisdiction']

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 Concerning Leyland Cypress Trees / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the 8 Leyland Cypress trees were planted so as to form a hedge and rose to a height of at least 2.5 metres.' "Whether the trees were severely obstructing views from the applicant's dwelling at the time of the hearing." "Whether the applicant's interest in having the obstruction removed, remedied or restrained outweighed matters suggesting the undesirability of disturbing or interfering with the trees."]

Ratio Decidendi

Although the parties agreed that the statutory hedge provisions applied to the 8 Leyland Cypress trees, the Court found that the obstruction from the nominated viewpoints was minor to moderate at most and not severe. Because the trees were not severely obstructing the views at the time of the hearing, the jurisdictional threshold for making orders was not met and the application was dismissed.

Court Disposition

The application is dismissed.

Orders

  • ['The application is dismissed.']