Maurici v Kaldor (No 2) [2024] NSWLEC 1310

Maurici v Kaldor (No 2) [2024] NSWLEC 1310

The Court upheld the application on the basis that certain trees were found to severely obstruct sunlight and views and/or to cause, or likely to cause, damage or injury. Appropriate orders were made for pruning and maintenance, as well as replacement of damaged fencing, with costs of work to be borne by the First and Second Respondents.

Jurisdiction
Australia
Judgment Date
11 June 2024
Procedural Posture
Class 2 / Principal Judgment
Outcome
Application upheld in part with orders for pruning and fencing
Legal Topics
['trees (dispute Between Neighbours) Act 2006' 'obstruction of Sunlight' 'obstruction of Views' 'pruning Orders' 'fencing Orders']
['property Law'] ['trees (dispute Between Neighbours) Act 2006' 'obstruction of Sunlight' 'obstruction of Views' 'pruning Orders' 'fencing Orders']

Case Brief

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Procedural Posture

Class 2 / Principal Judgment

Legal Issues

  1. 1 ['Whether certain trees severely obstruct sunlight and views under the Trees Act' 'Whether the Trees Act applies to the hedge' 'Responsibility for payment for pruning, fencing and maintenance works']

Ratio Decidendi

The Court upheld the application on the basis that certain trees were found to severely obstruct sunlight and views and/or to cause, or likely to cause, damage or injury. Appropriate orders were made for pruning and maintenance, as well as replacement of damaged fencing, with costs of work to be borne by the First and Second Respondents.

Court Disposition

Application upheld in part with orders for pruning and fencing

Orders

  • ['First and Second Respondents to engage and pay for qualified contractor for specified pruning within 60 days and every six months thereafter.' 'Pruning to be undertaken in precise terms for Trees T2-T22, specifying heights and requirements for overhang removal without risking tree health.' 'Within 90 days, First...