Williams v Brown [2024] NSWLEC 1093

Williams v Brown [2024] NSWLEC 1093

The applicant had made reasonable efforts to reach agreement and gave notice. The bamboo was a tree and formed a hedge more than 2.5 metres tall on adjoining land for the purposes of Pt 2A. Before recent pruning it severely obstructed valued views from high-use areas of the applicant's dwelling, including the Harbour Bridge and Sydney Harbour, and the obstruction was likely to recur without orders. Balancing the applicant's view interest against the respondents' privacy and amenity interests justified a pruning order to a height half a metre above the fence at the north-western corner, but not removal or installation of a root barrier, particularly because the adjoining land affected by...

Jurisdiction
Australia
Judgment Date
05 March 2024
Procedural Posture
Class 2 Pt 2 a Application Under the Trees (disputes Between Neighbours) Act 2006 Concerning Bamboo Allegedly Obstructing Views / Principal Judgment and Final Orders After Onsite Hearing
Outcome
Application granted to the extent of orders requiring pruning of the bamboo; root barrier order refused.
Legal Topics
['bamboo Hedge' 'obstruction of Views' 'severe Obstruction' 'privacy and Overlooking' 'pruning Orders' 'root Barrier']
['trees Disputes Between Neighbours' 'land and Environment'] ['bamboo Hedge' 'obstruction of Views' 'severe Obstruction' 'privacy and Overlooking' 'pruning Orders' 'root Barrier']

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 Pt 2 a Application Under the Trees (disputes Between Neighbours) Act 2006 Concerning Bamboo Allegedly Obstructing Views / Principal Judgment and Final Orders After Onsite Hearing

Legal Issues

  1. 1 ['Whether the applicant made a reasonable effort to reach agreement with the respondents and gave required notice of the application.' 'Whether the bamboo was a tree and a hedge to which Pt 2A of the Trees (Disputes Between Neighbours) Act 2006 applied.' "Whether the bamboo was severely obstructing a view from the applicant's dwelling." "Whether the applicant's interest in having the obstruction removed, remedied or restrained outweighed matters suggesting the undesirability of disturbing or interfering with the bamboo." 'Whether the bamboo should be removed, pruned and maintained at a specified height, or whether a root barrier should be installed.']

Ratio Decidendi

The applicant had made reasonable efforts to reach agreement and gave notice. The bamboo was a tree and formed a hedge more than 2.5 metres tall on adjoining land for the purposes of Pt 2A. Before recent pruning it severely obstructed valued views from high-use areas of the applicant's dwelling, including the Harbour Bridge and Sydney Harbour, and the obstruction was likely to recur without orders. Balancing the applicant's view interest against the respondents' privacy and amenity interests justified a pruning order to a height half a metre above the fence at the north-western corner, but not removal or installation of a root barrier, particularly because the adjoining land affected by...

Court Disposition

Application granted to the extent of orders requiring pruning of the bamboo; root barrier order refused.

Orders

  • ['The application is granted to the extent of the following orders.' 'Within 30 days of the date of these orders, the respondents are to prune, or pay for a suitably qualified contractor to prune, all bamboo along the boundaries around their rear garden, so that the bamboo is no more than half a metre above the top...