The Court refused the application under Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (NSW) on two grounds. First, applying Johnson v Angus, the bottlebrush and Christmas bush were not planted 'so as to form a hedge' within s 14A(1)(a) because they were planted as separate specimens in the 1990s without the purpose of forming a hedge, and the subsequent planting of a lilly pilly hedge adjacent to them could not retrospectively change the intent at the time of their planting. Second, while the lilly pilly and tea tree hedge satisfied s 14A, it did not 'severely obstruct' a view from the applicants' dwelling as required by s 14E(2)(a)(ii), as the hedge screened only neighbouring structures rather than the valley view.
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