Guo v Sefton [2021] NSWLEC 1184

Guo v Sefton [2021] NSWLEC 1184

The Leyland Cypress hedge, by virtue of its height and density, causes a severe obstruction of sunlight to at least one window of the applicants’ dwelling. The applicants made a reasonable effort to reach agreement with the respondents, and the severity of the obstruction outweighs any undesirable effects of pruning. Orders should be made to prune and maintain the hedge to a height not exceeding 3.25 metres, balancing sunlight access with privacy and Council consent requirements.

Parties
First Applicant: Ying Guo; Second Applicant: Wei Shang; First Respondent: Stephen Sefton; Second Respondent: Cherry Sefton
Jurisdiction
Australia
Judgment Date
21 April 2021
Procedural Posture
Class 1 Application – Trees (disputes Between Neighbours) Act 2006 / Principal Judgment
Outcome
Application upheld
Legal Topics
Trees and Hedges, Obstruction of Sunlight, Neighbour Disputes, Balancing Privacy and Amenity
Property Law Environmental Law Dispute Resolution Trees and Hedges Obstruction of Sunlight Neighbour Disputes Balancing Privacy and Amenity

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Parties

Ying Guo

First Applicant

Wei Shang

Second Applicant

Stephen Sefton

First Respondent

Cherry Sefton

Second Respondent

Procedural Posture

Class 1 Application – Trees (disputes Between Neighbours) Act 2006 / Principal Judgment

Legal Issues

  1. 1 Whether the Leyland Cypress hedge severely obstructs sunlight to a window of the applicants' dwelling within the meaning of the Trees (Disputes Between Neighbours) Act 2006
  2. 2 Whether the applicants made a reasonable effort to reach agreement with the respondents
  3. 3 Whether the severity and nature of the obstruction outweigh the desirability of interfering with the trees

Ratio Decidendi

The Leyland Cypress hedge, by virtue of its height and density, causes a severe obstruction of sunlight to at least one window of the applicants’ dwelling. The applicants made a reasonable effort to reach agreement with the respondents, and the severity of the obstruction outweighs any undesirable effects of pruning. Orders should be made to prune and maintain the hedge to a height not exceeding 3.25 metres, balancing sunlight access with privacy and Council consent requirements.

Court Disposition

Application upheld

Orders

  • Respondents must engage and pay for a suitably qualified arborist (minimum AQF level 3) with appropriate insurances to prune all (approx. 20) trees in the Leyland Cypress hedge to a height not exceeding 3.25 metres above ground level and to remove foliage extending beyond the boundary and resulting debris from the...
  • Works must be performed in accordance with the Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work, 2016.