Ermis v Boutros [2024] NSWLEC 1521

Ermis v Boutros [2024] NSWLEC 1521

Orders are made only under Part 2 for pruning and fence clearance because some trees are damaging or likely to damage the boundary fence; Part 2A application refused due to lack of severe obstruction of sunlight or views from applicant's dwelling.

Jurisdiction
Australia
Judgment Date
28 August 2024
Procedural Posture
Class 2 / Final Judgment
Outcome
Part 2 application granted in part; Part 2A application refused.
Legal Topics
['tree Disputes' 'damage to Property' 'obstruction of Sunlight and Views']
['environment' 'property'] ['tree Disputes' 'damage to Property' 'obstruction of Sunlight and Views']

Case Brief

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Procedural Posture

Class 2 / Final Judgment

Legal Issues

  1. 1 ['Whether trees have caused or are likely to cause damage to property' "Whether trees are severely obstructing sunlight or views from applicants' dwelling" 'Whether applicants made reasonable effort to resolve the dispute']

Ratio Decidendi

Orders are made only under Part 2 for pruning and fence clearance because some trees are damaging or likely to damage the boundary fence; Part 2A application refused due to lack of severe obstruction of sunlight or views from applicant's dwelling.

Court Disposition

Part 2 application granted in part; Part 2A application refused.

Orders

  • ['The Part 2A application is refused.' 'The Part 2 application is granted to the extent of the following orders.' 'Within 60 days of the date of these orders, the respondents are to carry out the following works: prune trees T5–T13 to remove all branches that are in contact with the fence on the common boundary;...