Ruser v Johnson [2021] NSWLEC 1545

Ruser v Johnson [2021] NSWLEC 1545

The hedge of lilly pilly trees exceeds 2.5 metres in height and severely obstructs sunlight to the applicants' living room windows. The applicants made reasonable efforts to resolve the dispute. The interests of the applicants outweigh privacy concerns that could be met through alternative plantings. Orders are warranted to prune and maintain the hedge to address the severe sunlight obstruction.

Jurisdiction
Australia
Judgment Date
16 September 2021
Procedural Posture
Tree Dispute (class 2) / Final Decision and Orders
Outcome
Application granted in part; orders made for pruning and maintenance of hedge.
Legal Topics
['tree Disputes Between Neighbours' 'obstruction of Sunlight' 'privacy' 'pruning and Maintenance Orders']
['property Law' 'environmental Law'] ['tree Disputes Between Neighbours' 'obstruction of Sunlight' 'privacy' 'pruning and Maintenance Orders']

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Procedural Posture

Tree Dispute (class 2) / Final Decision and Orders

Legal Issues

  1. 1 ["Whether the hedge of lilly pilly trees severely obstructs sunlight to the applicants' living room windows" 'Whether the applicants have made reasonable efforts to resolve the dispute' 'If orders for pruning and maintenance should be made under the Trees (Disputes Between Neighbours) Act 2006']

Ratio Decidendi

The hedge of lilly pilly trees exceeds 2.5 metres in height and severely obstructs sunlight to the applicants' living room windows. The applicants made reasonable efforts to resolve the dispute. The interests of the applicants outweigh privacy concerns that could be met through alternative plantings. Orders are warranted to prune and maintain the hedge to address the severe sunlight obstruction.

Court Disposition

Application granted in part; orders made for pruning and maintenance of hedge.

Orders

  • ['Within 30 days, respondents or an insured horticultural contractor must prune all trees in the hedge along their southern boundary to the height of the adjacent fence.' 'In September of each subsequent year starting 2022, respondents or an insured horticultural contractor must prune all trees in the hedge to a...