Ziaziaris v Li [2021] NSWLEC 1373

Ziaziaris v Li [2021] NSWLEC 1373

Trees 1–4 on the respondents' property form a hedge that severely obstructs the applicants' water view from their rear deck; this obstruction outweighs the respondents' privacy concerns, so orders are made for annual pruning to specified heights below the deck railing, with procedural safeguards.

Jurisdiction
Australia
Judgment Date
22 June 2021
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Principal Judgment
Outcome
Application granted in part, orders made for pruning of trees 1–4 to specified heights, and procedural directions.
Legal Topics
['trees (disputes Between Neighbours)' 'obstruction of Views' 'obstruction of Sunlight' 'pruning Orders' 'privacy Balancing']
['property Law' 'environmental Law'] ['trees (disputes Between Neighbours)' 'obstruction of Views' 'obstruction of Sunlight' 'pruning Orders' 'privacy Balancing']

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Principal Judgment

Legal Issues

  1. 1 ['Whether trees form a hedge as required by s 14A(1) of the Trees Act' "Whether the trees severely obstruct sunlight to a window of the applicants' dwelling" "Whether the trees severely obstruct a view from the applicants' dwelling" "Whether the applicants' interest in mitigating the issue outweighs respondents' privacy and amenity concerns"]

Ratio Decidendi

Trees 1–4 on the respondents' property form a hedge that severely obstructs the applicants' water view from their rear deck; this obstruction outweighs the respondents' privacy concerns, so orders are made for annual pruning to specified heights below the deck railing, with procedural safeguards.

Court Disposition

Application granted in part, orders made for pruning of trees 1–4 to specified heights, and procedural directions.

Orders

  • ["In July of 2021, respondents to engage suitably experienced horticultural contractor with all appropriate insurances to prune trees T1-T4 so that they are no taller than 500 mm below top railing of applicants' rear deck." "In July of each subsequent year beginning 2022, respondents to engage suitably experienced...