Devile v Frith [2011] NSWLEC 1250

Devile v Frith [2011] NSWLEC 1250

While the respondents’ hedge causes severe obstruction of sunlight to the applicants’ bathroom, study, and garage windows, these are service and utility rooms rather than main living areas. The extent of pruning sought would constitute an undesirable disturbance of the trees, and the applicants’ interests do not outweigh the undesirability of interfering with the hedge in this case; therefore, no orders are made for pruning.

Jurisdiction
Australia
Judgment Date
08 August 2011
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Principal Judgment
Outcome
Application refused
Legal Topics
['trees and Hedge Disputes' 'obstruction of Sunlight' 'remedies Under Trees (disputes Between Neighbours) Act 2006']
['environmental Law' 'property Law'] ['trees and Hedge Disputes' 'obstruction of Sunlight' 'remedies Under Trees (disputes Between Neighbours) Act 2006']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

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

Legal Issues

  1. 1 ["Whether the respondents' hedge severely obstructs sunlight to the applicant's windows within the meaning of the Act" "Whether the applicants' interest in having the obstruction remedied outweighs the undesirability of interfering with the trees"]

Ratio Decidendi

While the respondents’ hedge causes severe obstruction of sunlight to the applicants’ bathroom, study, and garage windows, these are service and utility rooms rather than main living areas. The extent of pruning sought would constitute an undesirable disturbance of the trees, and the applicants’ interests do not outweigh the undesirability of interfering with the hedge in this case; therefore, no orders are made for pruning.

Court Disposition

Application refused

Orders

  • ['The application is dismissed.']