Mannix v Matthews [2024] NSWLEC 1698

Mannix v Matthews [2024] NSWLEC 1698

The hedge does not severely obstruct sunlight to either window as required under s 14E(2)(a) of the Trees (Disputes Between Neighbours) Act 2006. Even if any obstruction was severe to the patio window, given the patio receives ambient light from another aspect, orders would not be made. Therefore, the application is refused.

Parties
First Applicant: Raymond Mannix; Second Applicant: Linda Mannix; First Respondent: Charles Matthews; Second Respondent: Carol Matthews
Jurisdiction
Australia
Judgment Date
16 October 2024
Procedural Posture
Class 2 Trees (disputes Between Neighbours) / Final Determination After Hearing
Outcome
Application refused
Legal Topics
Trees (disputes Between Neighbours) Act 2006, Obstruction of Sunlight, Court Powers Regarding Trees
Environmental Law Neighbour Disputes Trees (disputes Between Neighbours) Act 2006 Obstruction of Sunlight Court Powers Regarding Trees

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Parties

Raymond Mannix

First Applicant

Linda Mannix

Second Applicant

Charles Matthews

First Respondent

Carol Matthews

Second Respondent

Procedural Posture

Class 2 Trees (disputes Between Neighbours) / Final Determination After Hearing

Legal Issues

  1. 1 Whether trees in a neighbouring hedge cause a severe obstruction of sunlight justifying orders under Trees (Disputes Between Neighbours) Act 2006 Pt 2A

Ratio Decidendi

The hedge does not severely obstruct sunlight to either window as required under s 14E(2)(a) of the Trees (Disputes Between Neighbours) Act 2006. Even if any obstruction was severe to the patio window, given the patio receives ambient light from another aspect, orders would not be made. Therefore, the application is refused.

Court Disposition

Application refused

Orders

  • The respondents’ names are corrected to Charles Matthews and Carol Matthews.
  • The application is refused.