Gillis v Seferian [2011] NSWLEC 1199

Gillis v Seferian [2011] NSWLEC 1199

The Court made the consent orders because it was satisfied that the nine Leyland Cypress trees formed a hedge at least 2.5 metres high, were on adjoining land for the purposes of the Act, severely obstructed at least 90% of an iconic and important harbour and headlands view, and that pruning and maintaining them at the agreed height would restore the view while maintaining privacy and was not undesirable.

Jurisdiction
Australia
Judgment Date
15 July 2011
Procedural Posture
Class 2 Application Pursuant to Part 2 a of the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment; Consent Orders
Outcome
Consent orders made for pruning and future maintenance of the Cypress trees at the respondent's cost.
Legal Topics
['hedge' 'severe Obstruction of a View' 'consent Orders' 'pruning Ordered']
['trees Disputes Between Neighbours' 'land and Environment' 'property'] ['hedge' 'severe Obstruction of a View' 'consent Orders' 'pruning Ordered']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 2 Application Pursuant to Part 2 a of the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment; Consent Orders

Legal Issues

  1. 1 ['Whether the trees were planted so as to form a hedge and rose to a height of at least 2.5 metres for the purposes of s 14A(1) of the Trees (Disputes Between Neighbours) Act 2006.' 'Whether the applicant could apply for an order regarding trees on adjoining land under s 14B of the Trees (Disputes Between Neighbours) Act 2006 despite a laneway between the properties.' "Whether the trees severely obstructed the applicant's view and whether pruning and future maintenance orders should be made under s 14E(2) of the Trees (Disputes Between Neighbours) Act 2006."]

Ratio Decidendi

The Court made the consent orders because it was satisfied that the nine Leyland Cypress trees formed a hedge at least 2.5 metres high, were on adjoining land for the purposes of the Act, severely obstructed at least 90% of an iconic and important harbour and headlands view, and that pruning and maintaining them at the agreed height would restore the view while maintaining privacy and was not undesirable.

Court Disposition

Consent orders made for pruning and future maintenance of the Cypress trees at the respondent's cost.

Orders

  • ['The respondent is to engage and pay for a suitably qualified and experienced horticulturist or arborist to prune the Cypress trees to a height of no more than 3.3 metres above the top of the southern (lower) section of the rear boundary wall, measured from the top of the wall adjacent to the third tree from the...