Guinea & Strugar v Buckley [2022] NSWLEC 1704

Guinea & Strugar v Buckley [2022] NSWLEC 1704

The bamboo was a hedge within Pt 2A and the Applicants had made reasonable efforts to resolve the dispute. The Court found that bamboo north of the north-eastern corner of the Respondents' master bedroom severely obstructed sunlight to W2, although sunlight to the study was mitigated by W3 if the hedge was maintained at 3m, and the bamboo did not severely obstruct the Applicants' panoramic views. The Court accepted that movement of exposed bamboo had caused damage to the Colorbond fence and concluded that the Applicants' interest in restraining and remedying the obstruction and associated effects outweighed reasons against interfering with the bamboo. Regular pruning to specified heights...

Jurisdiction
Australia
Judgment Date
16 December 2022
Procedural Posture
Class 2 Application Under S 14 B (pt 2 A) of the Trees (disputes Between Neighbours) Act 2006 Concerning a Bamboo Hedge Between Neighbouring Properties / Principal Judgment After on Site Hearing
Outcome
Application granted to the extent of the orders made.
Legal Topics
['bamboo Hedge' 'severe Obstruction of Sunlight' 'severe Obstruction of Views' 'privacy Between Neighbouring Properties' 'damage to Boundary Fence' 'pruning and Maintenance Orders']
['trees Disputes Between Neighbours' 'land and Environment Court Jurisdiction'] ['bamboo Hedge' 'severe Obstruction of Sunlight' 'severe Obstruction of Views' 'privacy Between Neighbouring Properties' 'damage to Boundary Fence' 'pruning and Maintenance Orders']

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

Class 2 Application Under S 14 B (pt 2 A) of the Trees (disputes Between Neighbours) Act 2006 Concerning a Bamboo Hedge Between Neighbouring Properties / Principal Judgment After on Site Hearing

Legal Issues

  1. 1 ['Whether the bamboo was planted on adjoining land so as to form a hedge at least 2.5m high for the purposes of Pt 2A of the Trees (Disputes Between Neighbours) Act 2006.' 'Whether the Applicants made reasonable efforts to reach agreement with the Respondents before seeking orders.' "Whether the bamboo hedge severely obstructed sunlight to windows of the Applicants' dwelling." "Whether the bamboo hedge severely obstructed views from the Applicants' dwelling." "Whether the Applicants' interest in having the obstruction removed, remedied or restrained outweighed reasons to avoid disturbing or interfering with the bamboo." 'What pruning and maintenance orders should be made to balance sunlight, privacy and the risk of fence damage.']

Ratio Decidendi

The bamboo was a hedge within Pt 2A and the Applicants had made reasonable efforts to resolve the dispute. The Court found that bamboo north of the north-eastern corner of the Respondents' master bedroom severely obstructed sunlight to W2, although sunlight to the study was mitigated by W3 if the hedge was maintained at 3m, and the bamboo did not severely obstruct the Applicants' panoramic views. The Court accepted that movement of exposed bamboo had caused damage to the Colorbond fence and concluded that the Applicants' interest in restraining and remedying the obstruction and associated effects outweighed reasons against interfering with the bamboo. Regular pruning to specified heights...

Court Disposition

Application granted to the extent of the orders made.

Orders

  • ['The Respondents are to engage a suitably qualified and insured landscape contractor or arborist to prune, at intervals of no more than 3 months, the bamboo hedge to the common boundary of the properties.' "Between the Niger street frontage and a point on the boundary parallel to the north-eastern corner of the...