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Australia Case Law

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Planning and environment law

James v Sheridan

The Court refused a Pt 2A trees application about a Leyland cypress hedge in RU1 land, finding the Trees Act did not apply and no orders were needed.

  • Obstruction of views
  • Neighbouring hedge
  • Zoning and application of the trees (disputes between neighbours) act 2006 (nsw)
  • Severe obstruction
  • Orders to prevent future view obstruction
  • Tree-disputes
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Property 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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Property law

North & anor v Andrews; North & anor v Cortis & anor

North & anor v Andrews; North & anor v Cortis & anor [2011] NSWLEC 1339

The Court dismissed two trees-and-neighbours applications, finding most trees were not planted so as to form a hedge and the remaining view obstruction was not severe.

  • Trees and vegetation
  • Obstruction of views
  • Jurisdictional tests under trees act
  • Hedge definition
  • Severe obstruction
  • Trees-and-vegetation
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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.