Brown v Goodbury [2018] NSWLEC 1199

Brown v Goodbury [2018] NSWLEC 1199

Trees T8 to T12 did not constitute a hedge for the purposes of Part 2A of the Trees (Disputes Between Neighbours) Act 2006, so the Court had no power to order pruning of those trees. Trees T1 to T7 constituted a hedge, but the obstruction they caused to the applicant's views from the nominated viewing points was minor to, at most, moderate and did not meet the statutory threshold of severe obstruction required by s14E(2)(a)(ii). The application was therefore dismissed.

Jurisdiction
Australia
Judgment Date
26 April 2018
Procedural Posture
Class 2 Application Under Trees (disputes Between Neighbours) Act 2006 / Principal Judgment
Outcome
The application is dismissed.
Legal Topics
['high Hedges' 'obstruction of Views' 'crepe Myrtle Trees' 'pruning' 'jurisdictional Requirements Under Part 2 a of the Trees (disputes Between Neighbours) Act 2006']
['trees Disputes' 'land and Environment Court' 'neighbour Disputes'] ['high Hedges' 'obstruction of Views' 'crepe Myrtle Trees' 'pruning' 'jurisdictional Requirements Under Part 2 a of the Trees (disputes Between Neighbours) Act 2006']

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Procedural Posture

Class 2 Application Under Trees (disputes Between Neighbours) Act 2006 / Principal Judgment

Legal Issues

  1. 1 ['Whether the nominated crepe myrtle trees were planted so as to form one or more hedges within s 14A(1) of the Trees (Disputes Between Neighbours) Act 2006.' "Whether any hedge was severely obstructing a view from a dwelling on the applicant's land within s 14E(2)(a)(ii) of the Trees (Disputes Between Neighbours) Act 2006." "Whether the applicant's interest in having any obstruction removed, remedied or restrained outweighed matters suggesting the undesirability of disturbing or interfering with the trees." 'What effect the requested pruning would have on the form, appearance and amenity value of the crepe myrtles.']

Ratio Decidendi

Trees T8 to T12 did not constitute a hedge for the purposes of Part 2A of the Trees (Disputes Between Neighbours) Act 2006, so the Court had no power to order pruning of those trees. Trees T1 to T7 constituted a hedge, but the obstruction they caused to the applicant's views from the nominated viewing points was minor to, at most, moderate and did not meet the statutory threshold of severe obstruction required by s14E(2)(a)(ii). The application was therefore dismissed.

Court Disposition

The application is dismissed.

Orders

  • ['The application is dismissed.']