Brannigan v Coban [2013] NSWLEC 1025

Brannigan v Coban [2013] NSWLEC 1025

The court found that the hedge of nine Leighton Green Cypress trees severely obstructed the applicant's view, that the obstruction outweighed any reason not to interfere, and that pruning the trees to a specified height would appropriately balance the applicant's view and the respondents' privacy, in accordance with the Trees (Disputes Between Neighbours) Act 2006.

Jurisdiction
Australia
Judgment Date
14 February 2013
Procedural Posture
Trees (disputes Between Neighbours) Application / Final Judgment
Outcome
Application upheld in part.
Legal Topics
['tree Disputes' 'obstruction of Views' 'pruning Orders' 'neighbour Relations']
['environmental Law' 'property Law'] ['tree Disputes' 'obstruction of Views' 'pruning Orders' 'neighbour Relations']

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Procedural Posture

Trees (disputes Between Neighbours) Application / Final Judgment

Legal Issues

  1. 1 ["Whether the hedge of nine Leighton Green Cypress trees severely obstructs the applicant's view under the Trees (Disputes Between Neighbours) Act 2006" 'Whether the trees should be pruned or otherwise managed to remedy the view obstruction']

Ratio Decidendi

The court found that the hedge of nine Leighton Green Cypress trees severely obstructed the applicant's view, that the obstruction outweighed any reason not to interfere, and that pruning the trees to a specified height would appropriately balance the applicant's view and the respondents' privacy, in accordance with the Trees (Disputes Between Neighbours) Act 2006.

Court Disposition

Application upheld in part.

Orders

  • ['Within 60 days, respondents to engage a qualified arborist or horticulturist to prune the hedge of nine Leighton Green Cypress trees to a height no greater than 5.5 metres above ground level at the base of each tree.' "Respondents to give applicant two days' notice of the works." 'Applicant to allow all access...