Walker v Newling [2025] NSWLEC 1018

The bamboo forms a dense screen overhanging the applicants' dwelling and severely obstructs sunlight from entering three bedroom windows; balancing interests, including privacy and the parties' conduct, supports removal of the bamboo rather than maintenance since other privacy measures are available to respondent and ongoing maintenance would likely fail.

Parties: First Applicant: Sandra Walker; Second Applicant: John Walker; Respondent: Brad Newling
Jurisdiction: Australia
Judgment Date: 06 January 2025
Procedural Posture: Class 1 Application / Judgment After Hearing
Outcome: Application granted
Legal Topics: Obstruction of Sunlight, Severe Sunlight Obstruction, Neighbouring Hedge

Trees (disputes Between Neighbours) Obstruction of Sunlight Severe Sunlight Obstruction Neighbouring Hedge

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 5

Parties

Sandra Walker

First Applicant

John Walker

Second Applicant

Brad Newling

Respondent

Procedural Posture

Class 1 Application / Judgment After Hearing

Legal Issues

1 Whether the bamboo hedge severely obstructs sunlight to the applicants' dwelling
2 Whether applicants made reasonable effort to reach agreement with respondent
3 Whether the severity and nature of sunlight obstruction outweigh reasons to avoid interfering with the trees

Ratio Decidendi

Court Disposition

Application granted

Orders

The respondent is to engage and pay for a suitably qualified and insured horticultural contractor to remove the bamboo along the common boundary shared with the applicants within 60 days of the date of these orders.
The respondent is to give the applicants 7 days' notice of the works via registered post.