Brain & anor v Marsden & anor [2015] NSWLEC 1283

Brain & anor v Marsden & anor [2015] NSWLEC 1283

There is no severe obstruction of sunlight to a window or a view from the applicants' dwelling caused by the respondents' hedges at present; thus, the jurisdictional tests under s 14E(2) are not met and no orders can be made.

Jurisdiction
Australia
Judgment Date
29 July 2015
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Decision on Merits
Outcome
Application dismissed
Legal Topics
['trees (disputes Between Neighbours) Act 2006' 'hedges' 'obstruction of Sunlight' 'obstruction of Views' 'neighbour Disputes']
['environmental Law' 'property Law'] ['trees (disputes Between Neighbours) Act 2006' 'hedges' 'obstruction of Sunlight' 'obstruction of Views' 'neighbour Disputes']

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Decision on Merits

Legal Issues

  1. 1 ["Whether the hedges severely obstruct sunlight to a window of a dwelling on the applicant's land" "Whether the hedges severely obstruct a view from a dwelling on the applicant's land under s 14E(2) of the Trees (Disputes Between Neighbours) Act 2006"]

Ratio Decidendi

There is no severe obstruction of sunlight to a window or a view from the applicants' dwelling caused by the respondents' hedges at present; thus, the jurisdictional tests under s 14E(2) are not met and no orders can be made.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']