Ireson & anor v Kelly and anor [2013] NSWLEC 1008

Ireson & anor v Kelly and anor [2013] NSWLEC 1008

The application failed because the Court was not satisfied that there was a severe obstruction of sunlight or views from the applicants' dwelling by the respondents' trees as required by s 14E(2) of the Act. Even if there was a severe obstruction in relation to view from a downstairs window (W2), the applicants' interest in improving their view did not outweigh the respondents' need for privacy.

Parties
Applicants: S & C Ireson; Respondents: R & P Kelly
Jurisdiction
Australia
Judgment Date
15 January 2013
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Final Determination at First Instance
Outcome
Application dismissed
Legal Topics
Trees (disputes Between Neighbours) Act 2006, Hedge, Obstruction of Sunlight, Obstruction of Views
Environmental Law Property Law Trees (disputes Between Neighbours) Act 2006 Hedge Obstruction of Sunlight Obstruction of Views

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Parties

S & C Ireson

Applicants

R & P Kelly

Respondents

Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Final Determination at First Instance

Legal Issues

  1. 1 Whether the respondents' hedge of trees severely obstructs sunlight to the applicants' dwelling within the meaning of s 14E(2)(a)(i) of the Act
  2. 2 Whether the respondents' hedge of trees severely obstructs views from the applicants' dwelling within the meaning of s 14E(2)(a)(ii) of the Act
  3. 3 Whether the applicants' interest in having the obstruction removed outweighs the respondents' interest in privacy under s 14E(2)(b) of the Act

Ratio Decidendi

The application failed because the Court was not satisfied that there was a severe obstruction of sunlight or views from the applicants' dwelling by the respondents' trees as required by s 14E(2) of the Act. Even if there was a severe obstruction in relation to view from a downstairs window (W2), the applicants' interest in improving their view did not outweigh the respondents' need for privacy.

Court Disposition

Application dismissed

Orders

  • The application in its entirety is dismissed.