Hourigan v Howard [2018] NSWLEC 1686

Hourigan v Howard [2018] NSWLEC 1686

The photinia hedge did not severely obstruct sunlight to the applicants' living room window: any winter obstruction would be partial and also caused by the fence and more distant trees, there was no mid-summer obstruction, and the applicants provided no photos or shadow diagrams showing otherwise. Because the obstruction was not severe, the Court could not make orders interfering with the trees.

Jurisdiction
Australia
Judgment Date
21 December 2018
Procedural Posture
Class 2 Trees Dispute Application Under S 14 B of the Trees (disputes Between Neighbours) Act 2006 (nsw) / Onsite Hearing and Principal Judgment
Outcome
The application is dismissed.
Legal Topics
['hedge' 'obstruction of Sunlight' 'photinia Trees' 'pruning and Maintenance Orders']
['trees Disputes Between Neighbours' 'land and Environment'] ['hedge' 'obstruction of Sunlight' 'photinia Trees' 'pruning and Maintenance Orders']

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Procedural Posture

Class 2 Trees Dispute Application Under S 14 B of the Trees (disputes Between Neighbours) Act 2006 (nsw) / Onsite Hearing and Principal Judgment

Legal Issues

  1. 1 ["Whether the respondents' photinia hedge severely obstructed sunlight to the applicants' living room window so as to justify orders under s 14B of the Trees (Disputes Between Neighbours) Act 2006 (NSW)." 'Whether the respondents should be ordered to prune and maintain the plants at fence height.']

Ratio Decidendi

The photinia hedge did not severely obstruct sunlight to the applicants' living room window: any winter obstruction would be partial and also caused by the fence and more distant trees, there was no mid-summer obstruction, and the applicants provided no photos or shadow diagrams showing otherwise. Because the obstruction was not severe, the Court could not make orders interfering with the trees.

Court Disposition

The application is dismissed.

Orders

  • ['The application is dismissed.']