Australia Case Law

Arnaldi v Winters

The Court refused orders under both Part 2 and Part 2A of the Trees Act, finding no likely damage from the trees and no severe view obstruction.

• Trees (disputes between neighbours) act 2006 (nsw)
• Neighbouring trees
• Damage to property
• Root barrier
• Obstruction of views
• Hedges

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Martignoni v Ireland

Martignoni v Ireland [2024] NSWLEC 1762

The Court partly granted a neighbour tree dispute application and ordered annual pruning of a bamboo hedge causing severe sunlight obstruction.

• Trees act disputes
• Hedges
• Obstruction of sunlight
• Privacy
• Bamboo
• Trees-disputes-between-neighbours

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Mannix v Matthews

Mannix v Matthews [2024] NSWLEC 1698

The Court refused a tree dispute application, finding a neighbouring lilly pilly hedge did not severely obstruct sunlight to either window.

• Trees (disputes between neighbours) act 2006
• Obstruction of sunlight
• Court powers regarding trees
• Trees-disputes-between-neighbours-act
• Sunlight-obstruction
• Neighbour-disputes

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Dunn-Mukawa v Naylor

Dunn-Mukawa v Naylor [2024] NSWLEC 1520

Tree dispute over lilly pillies and a hedge was refused. The Court found no proven property damage and held that the hedge orders were not justified.

• ['neighbouring trees' 'damage to property' 'obstruction of sunlight' 'obstruction of views' 'hedges' 'reasonable effort to reach agreement']
• Tree-disputes
• Neighbouring-trees
• Property-damage
• Sunlight-obstruction
• View-obstruction

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Stubbs v Lipar

Stubbs v Lipar [2024] NSWLEC 1780

The Court refused a tree dispute application, finding no near-future property damage or injury risk, and that only the bamboo formed a hedge, but caused no severe obstruction.

• Trees (disputes between neighbours) act 2006
• Tree disputes
• Neighbourhood disputes
• Obstruction of sunlight/views
• Hedges
• Property damage

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Tanios v Giourgas

Tanios v Giourgas [2023] NSWLEC 1806

The Court refused a trees dispute application, finding the hedge did not severely obstruct sunlight and that mould, slime, and spider risk were outside the Act.

• ['tree disputes' 'hedges' 'obstruction of sunlight' 'mould and slime' 'injury from animals' 'reasonable maintenance']
• Tree-disputes
• Hedges
• Obstruction-of-sunlight
• Mould-and-slime
• Injury-from-animals

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King v Moore

King v Moore [2023] NSWLEC 1654

The Court refused a trees dispute application seeking removal of Bangalow palms, finding they did not form a hedge and that the view obstruction did not warrant orders.

• ['trees (disputes between neighbours)' 'hedges' 'obstruction of views']
• Trees-disputes-between-neighbours
• Obstruction-of-views
• Hedges
• Property-law

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Djordjevic v Nakhla

Djordjevic v Nakhla [2023] NSWLEC 1211

The Court refused a tree-dispute application over debris, alleged future property damage, and claimed severe sunlight obstruction from neighbouring trees.

• ['trees (disputes between neighbours) act 2006' 'neighbourhood disputes' 'obstruction of sunlight' 'property damage' 'hedges']
• Tree-disputes
• Sunlight-obstruction
• Property-damage
• Neighbour-dispues
• Hedges

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Schulze v Russell

Schulze v Russell [2022] NSWLEC 1747

A neighbour dispute over a Lilly Pilly hedge was refused because the hedge did not severely obstruct sunlight or views from the applicant’s dwelling.

• Trees—obstruction of sunlight
• Trees—obstruction of views
• Privacy
• Jurisdictional requirements under trees (disputes between neighbours) act
• Trees-disputes-between-neighbours
• Neighbour-disputes

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Smith v Gregory

Smith v Gregory [2022] NSWLEC 1449

The Court refused a tree dispute application because the plants were not planted so as to form a hedge under Pt 2A of the Trees Act.

• ['pt 2a application' 'neighbouring trees' 'hedges' 'obstruction of views' 'adjoining land']
• Trees-disputes-between-neighbours
• Hedges
• Obstruction-of-views
• Neighbouring-trees

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