Karellas v Stevens [2012] NSWLEC 1272

Karellas v Stevens [2012] NSWLEC 1272

Part 2A of the Act does not apply to T3, as it was not planted so as to form a hedge, and the obstruction caused by T4 is minor, thus the statutory precondition for severe obstruction under s 14E(2)(a)(ii) is not met, resulting in no jurisdiction to grant orders.

Jurisdiction
Australia
Judgment Date
04 October 2012
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Judgment
Outcome
Application dismissed
Legal Topics
['trees (disputes Between Neighbours) Act 2006' 'hedge Definition' 'obstruction of View' 'view Sharing']
['property Law' 'environmental Law'] ['trees (disputes Between Neighbours) Act 2006' 'hedge Definition' 'obstruction of View' 'view Sharing']

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Judgment

Legal Issues

  1. 1 ["Whether the targeted trees constitute a 'hedge' under s 14A(1)(a) of the Trees (Disputes Between Neighbours) Act 2006" 'Whether the trees severely obstruct a view as per s 14E(2)(a)(ii)' 'Balancing of interests under s 14E(2)(b)']

Ratio Decidendi

Part 2A of the Act does not apply to T3, as it was not planted so as to form a hedge, and the obstruction caused by T4 is minor, thus the statutory precondition for severe obstruction under s 14E(2)(a)(ii) is not met, resulting in no jurisdiction to grant orders.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']