Day v Caithness [2022] NSWLEC 1577

Day v Caithness [2022] NSWLEC 1577

The hedge did not cause a severe obstruction of sunlight to the applicants' windows as required by s 14E(2)(a) of the Trees Act; filtered light penetrates through, and the main cause of sunlight obstruction is the applicants' own awning. Additionally, as the hedge was as tall or taller when the applicants purchased their property, and filtered light penetrates at its current height, jurisdiction to make the orders sought is not established under the Act.

Jurisdiction
Australia
Judgment Date
26 July 2022
Procedural Posture
Class 1 Tree Dispute / Principal Judgment / Final Orders
Outcome
Application refused
Legal Topics
['trees (disputes Between Neighbours)' 'high Hedges' 'obstruction of Sunlight' 'balancing of Interests' 'jurisdictional Tests']
['environmental Law' 'property Law'] ['trees (disputes Between Neighbours)' 'high Hedges' 'obstruction of Sunlight' 'balancing of Interests' 'jurisdictional Tests']

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Procedural Posture

Class 1 Tree Dispute / Principal Judgment / Final Orders

Legal Issues

  1. 1 ["Whether the hedge of trees causes a severe obstruction of sunlight to the applicants' windows under Pt 2A of the Trees (Disputes Between Neighbours) Act 2006" 'Whether the Court can make orders to reduce the height of the hedge in favour of solar access for the applicants']

Ratio Decidendi

The hedge did not cause a severe obstruction of sunlight to the applicants' windows as required by s 14E(2)(a) of the Trees Act; filtered light penetrates through, and the main cause of sunlight obstruction is the applicants' own awning. Additionally, as the hedge was as tall or taller when the applicants purchased their property, and filtered light penetrates at its current height, jurisdiction to make the orders sought is not established under the Act.

Court Disposition

Application refused

Orders

  • ['The application is refused.']