Sendro v Goodings [2018] NSWLEC 1454

Sendro v Goodings [2018] NSWLEC 1454

The Court was not satisfied that the remaining trees, or the three trees including the removed dead tree, were planted with the purpose of forming a hedge: they were not at regular spacings, were of three different species, and there was no evidence or observation indicating an intent to establish a hedge at the time of planting. Because Part 2A of the Trees Act did not apply, the Court could not make the orders sought.

Jurisdiction
Australia
Judgment Date
20 August 2018
Procedural Posture
Class 2 Application Under S 14 B of the Trees (disputes Between Neighbours) Act 2006 (nsw) / Principal Judgment After Onsite Hearing
Outcome
The application is dismissed.
Legal Topics
['obstruction of Views' 'whether Trees Form a Hedge' 'application of Part 2 a of the Trees (disputes Between Neighbours) Act 2006 (nsw)']
['trees Disputes Between Neighbours' 'land and Environment'] ['obstruction of Views' 'whether Trees Form a Hedge' 'application of Part 2 a of the Trees (disputes Between Neighbours) Act 2006 (nsw)']

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Procedural Posture

Class 2 Application Under S 14 B of the Trees (disputes Between Neighbours) Act 2006 (nsw) / Principal Judgment After Onsite Hearing

Legal Issues

  1. 1 ["Whether the trees on the respondents' property were planted so as to form a hedge within s 14A of the Trees (Disputes Between Neighbours) Act 2006 (NSW)." 'Whether Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (NSW) applied so as to permit orders concerning removal or pruning of the trees.']

Ratio Decidendi

The Court was not satisfied that the remaining trees, or the three trees including the removed dead tree, were planted with the purpose of forming a hedge: they were not at regular spacings, were of three different species, and there was no evidence or observation indicating an intent to establish a hedge at the time of planting. Because Part 2A of the Trees Act did not apply, the Court could not make the orders sought.

Court Disposition

The application is dismissed.

Orders

  • ['The application is dismissed.']