The Owners – Strata Plan No. 3123 v Moore [2023] NSWLEC 1550

The Owners – Strata Plan No. 3123 v Moore [2023] NSWLEC 1550

Only those trees in groups G2 and G3 were planted as hedges and currently form a hedge as required under Pt 2A. The other trees, including T1, T4, and T5, do not qualify. Orders are therefore made under Pt 2 for fence repair and under Pt 2A for pruning trees in G2 and G3 to a height of 2.5 metres.

Jurisdiction
Australia
Judgment Date
24 August 2023
Procedural Posture
Trees (disputes Between Neighbours), Class 2 / Final Judgment
Outcome
Pt 2 and Pt 2A applications granted in part; orders made for fence and hedge pruning.
Legal Topics
['tree Disputes' 'boundary Fence Damage' 'obstruction of Sunlight and Views' 'hedge Definition']
['property Law' 'environmental Law' 'neighbour Dispute'] ['tree Disputes' 'boundary Fence Damage' 'obstruction of Sunlight and Views' 'hedge Definition']

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Procedural Posture

Trees (disputes Between Neighbours), Class 2 / Final Judgment

Legal Issues

  1. 1 ["Whether respondents' trees caused damage to applicant's boundary fence" 'Whether certain trees form a hedge within the meaning of the Trees (Disputes Between Neighbours) Act 2006 Pt 2A' 'Whether trees obstruct sunlight and views sufficient to warrant orders for pruning']

Ratio Decidendi

Only those trees in groups G2 and G3 were planted as hedges and currently form a hedge as required under Pt 2A. The other trees, including T1, T4, and T5, do not qualify. Orders are therefore made under Pt 2 for fence repair and under Pt 2A for pruning trees in G2 and G3 to a height of 2.5 metres.

Court Disposition

Pt 2 and Pt 2A applications granted in part; orders made for fence and hedge pruning.

Orders

  • ['The Pt 2 application is granted.' "Within 60 days, first and second respondents are to restore the vertical alignment of, and make secure, the section of the applicant's boundary fence immediately to the south of the southeast corner post of the first and second respondents' property." "The applicant is to provide...