Marton v Pontin [2021] NSWLEC 1601

Marton v Pontin [2021] NSWLEC 1601

The Court refused the application because Pt 2A of the Trees (Disputes Between Neighbours) Act 2006 did not apply: the applicant did not establish that the trees were planted so as to form a hedge. In any event, the Court found that the trees did not severely obstruct a view from the applicant's dwelling or sunlight to its windows, so the Court lacked jurisdiction to make the requested orders.

Jurisdiction
Australia
Judgment Date
13 October 2021
Procedural Posture
Class 2 Application Under Pt 2 a of the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment After Hearing
Outcome
Application refused.
Legal Topics
['high Hedges' 'obstruction of Views' 'obstruction of Sunlight' 'jurisdiction Under Pt 2 a of the Trees Act']
['trees Disputes Between Neighbours' 'land and Environment Court Proceedings'] ['high Hedges' 'obstruction of Views' 'obstruction of Sunlight' 'jurisdiction Under Pt 2 a of the Trees Act']

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Procedural Posture

Class 2 Application Under Pt 2 a of the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the trees were planted on adjoining land so as to form a hedge rising to a height of at least 2.5 metres within s 14A(1) of the Trees (Disputes Between Neighbours) Act 2006.' 'Whether the applicant made reasonable effort to reach agreement with the tree owners.' "Whether the trees severely obstructed a view from the applicant's dwelling." "Whether the trees severely obstructed sunlight to windows of the applicant's dwelling." "Whether the applicant's interest in mitigating any obstruction outweighed reasons to avoid interfering with the trees."]

Ratio Decidendi

The Court refused the application because Pt 2A of the Trees (Disputes Between Neighbours) Act 2006 did not apply: the applicant did not establish that the trees were planted so as to form a hedge. In any event, the Court found that the trees did not severely obstruct a view from the applicant's dwelling or sunlight to its windows, so the Court lacked jurisdiction to make the requested orders.

Court Disposition

Application refused.

Orders

  • ['The application is refused.' 'The exhibits are returned, except for Exhibits A, B and 4.']