Ryan v Dawson & anor [2016] NSWLEC 1613

Ryan v Dawson & anor [2016] NSWLEC 1613

The trees, although arguably forming a hedge for the sake of argument, do not cause a severe obstruction to the applicant's views; the impact is moderate as filtered views remain. The statutory threshold of 'severely obstructing' a view is not met, so no order can be made under s 14E(2)(a)(ii).

Jurisdiction
Australia
Judgment Date
16 December 2016
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 Part 2 a / Hearing and Decision at First Instance
Outcome
Application dismissed
Legal Topics
['obstruction of Views by Vegetation' 'application of Tree Disputes Act' 'view Sharing Principles']
['environmental Law' 'property Law'] ['obstruction of Views by Vegetation' 'application of Tree Disputes Act' 'view Sharing Principles']

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 Part 2 a / Hearing and Decision at First Instance

Legal Issues

  1. 1 ["Whether the nominated trees constitute a 'hedge' under Part 2A of the Trees (Disputes Between Neighbours) Act 2006" "Whether the trees severely obstruct the applicant's views as required by s 14E(2)(a)(ii)" 'Whether the severity and nature of the obstruction justifies orders under the Act']

Ratio Decidendi

The trees, although arguably forming a hedge for the sake of argument, do not cause a severe obstruction to the applicant's views; the impact is moderate as filtered views remain. The statutory threshold of 'severely obstructing' a view is not met, so no order can be made under s 14E(2)(a)(ii).

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']