Hendry & anor v Olsson & anor [2010] NSWLEC 1302

Hendry & anor v Olsson & anor [2010] NSWLEC 1302

Although two hedges were identified as within jurisdiction under the Act, neither caused a severe obstruction of sunlight to the applicants' windows as required by s 14B of the Trees (Disputes Between Neighbours) Act 2006, and the issues regarding mould/slime and detritus were matters for property owner's ordinary maintenance; consequently, both applications were dismissed as matters of discretion or for failing substantive statutory tests.

Jurisdiction
Australia
Judgment Date
14 October 2010
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment After Hearing
Outcome
Applications dismissed.
Legal Topics
['hedges' 'tree Disputes' 'overshadowing' 'obstruction of Sunlight' 'nuisance']
['environmental Law' 'property Law'] ['hedges' 'tree Disputes' 'overshadowing' 'obstruction of Sunlight' 'nuisance']

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 ["Whether trees and hedges on respondents' property cause risk of injury or nuisance under Part 2 of the Act" 'Whether trees constitute a hedge causing severe obstruction of sunlight to windows under Part 2A of the Act']

Ratio Decidendi

Although two hedges were identified as within jurisdiction under the Act, neither caused a severe obstruction of sunlight to the applicants' windows as required by s 14B of the Trees (Disputes Between Neighbours) Act 2006, and the issues regarding mould/slime and detritus were matters for property owner's ordinary maintenance; consequently, both applications were dismissed as matters of discretion or for failing substantive statutory tests.

Court Disposition

Applications dismissed.

Orders

  • ['Application under Part 2 of the Act dismissed.' 'Application under Part 2A of the Act dismissed.']