Davies v Christie [2011] NSWLEC 1324

Davies v Christie [2011] NSWLEC 1324

The Court found the bamboo severely obstructs sunlight to the applicants' dwelling until after 10:00am, but that pruning to 4.2m (not 3m as sought) balances solar access with the respondents' privacy interests. Ongoing annual pruning is ordered with no requirement for maintenance at a nominated height beyond this event.

Jurisdiction
Australia
Judgment Date
14 November 2011
Procedural Posture
Tree Dispute (class 2) / Judgment
Outcome
Application upheld in part
Legal Topics
['trees and Vegetation (neighbours)' 'obstruction of Sunlight']
['environmental Law' 'property Law'] ['trees and Vegetation (neighbours)' 'obstruction of Sunlight']

Case Brief

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Procedural Posture

Tree Dispute (class 2) / Judgment

Legal Issues

  1. 1 ["Whether the respondents' bamboo hedge severely obstructs sunlight to the applicants' dwelling under the Trees (Disputes Between Neighbours) Act 2006" 'Whether orders should be made for pruning the bamboo hedge, and if so, to what height']

Ratio Decidendi

The Court found the bamboo severely obstructs sunlight to the applicants' dwelling until after 10:00am, but that pruning to 4.2m (not 3m as sought) balances solar access with the respondents' privacy interests. Ongoing annual pruning is ordered with no requirement for maintenance at a nominated height beyond this event.

Court Disposition

Application upheld in part

Orders

  • ['Respondents to prune the bamboo to a height of 4.2m above ground level on their property between 1st and 15th May each year, commencing in 2012.' 'No pruning of the Brush Box is to occur as a consequence of these orders.']