Beath & Anor v Whyman [2011] NSWLEC 1272

Beath & Anor v Whyman [2011] NSWLEC 1272

The trees (1-5) severely obstruct sunlight to certain windows of the applicants' dwelling and the applicants' interest in having the obstruction remedied outweighs the respondents' privacy concerns with respect to those trees. However, trees 6 and 7 provide necessary privacy without substantial sunlight obstruction and should not be pruned.

Parties
First Applicant: Mr R Beath; Second Applicant: Ms J Callan; First Respondent: Ms S Whyman; Second Respondent: Mr G Whyman
Jurisdiction
Australia
Judgment Date
19 September 2011
Procedural Posture
Application / Principal Judgment
Outcome
Application upheld in part
Legal Topics
Tree Disputes, Sunlight Obstruction, Privacy
Property Law Environmental Law Tree Disputes Sunlight Obstruction Privacy

Case Brief

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Parties

Mr R Beath

First Applicant

Ms J Callan

Second Applicant

Ms S Whyman

First Respondent

Mr G Whyman

Second Respondent

Procedural Posture

Application / Principal Judgment

Legal Issues

  1. 1 Whether trees on the respondents' property severely obstruct sunlight to windows on the applicants' dwelling
  2. 2 Balancing the applicants' interests in sunlight with the respondents' privacy and amenity

Ratio Decidendi

The trees (1-5) severely obstruct sunlight to certain windows of the applicants' dwelling and the applicants' interest in having the obstruction remedied outweighs the respondents' privacy concerns with respect to those trees. However, trees 6 and 7 provide necessary privacy without substantial sunlight obstruction and should not be pruned.

Court Disposition

Application upheld in part

Orders

  • The application to prune the trees is upheld in part.
  • The respondents are to engage and pay for an AQF level 3 arborist or horticulturalist to prune trees 1-5 to a height of 4.2m (+/- 100 mm) above the height of the paved pathway.