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Australia Case Law

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Environment and planning

Buffier v Ball

Application under the Trees Act refused because the nominated trees were not shown to form a hedge, and the view obstruction was found to be moderate.

  • High hedges
  • View obstruction
  • Jursidiction under pt 2a
  • Reasonable effort to reach agreement
  • Severe obstruction of view
  • Trees-disputes-between-neighbours
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Trees disputes

Keren v Hain

The Court refused a tree dispute application by a neighbouring landowner, finding no severe obstruction of sunlight or views and no jurisdiction over some items.

  • Obstruction of sunlight
  • Obstruction of views
  • Hedges and trees
  • Jurisdiction under pt 2a
  • Reasonable effort to reach agreement
  • Trees-disputes
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Environment and planning law

Walker v Kelly

Walker v Kelly [2024] NSWLEC 1136

The Court refused an application under the Trees (Disputes Between Neighbours) Act 2006 after finding the damage was minor, infrequent, and removal disproportionate.

  • Trees (disputes between neighbours)
  • Damage to neighbouring property
  • Reasonable effort to reach agreement
  • Orders for tree removal or compensation
  • Trees-disputes-between-neighbours
  • Neighbour-tree-damage
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.