Rimmington v Brinkworth [2022] NSWLEC 1076

Rimmington v Brinkworth [2022] NSWLEC 1076

The bamboo formed a hedge to which Pt 2A applied, the applicant had made reasonable efforts to reach agreement, and the hedge severely obstructed winter sunlight to the applicant's ground-floor windows and severely obstructed the outlook from her ground level. Although the hedge provided privacy for the respondents, the applicant had no alternative means of obtaining sunlight to those windows, while the respondents had other means to address privacy. The applicant's interest in mitigating the obstruction therefore outweighed reasons to avoid interfering with the bamboo, justifying regular pruning orders.

Jurisdiction
Australia
Judgment Date
14 February 2022
Procedural Posture
Class 2 Pt 2 a Application Under the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment After Hearing
Outcome
Application granted to the extent of pruning and access orders.
Legal Topics
['obstruction of Sunlight' 'obstruction of Views' 'bamboo Hedge' 'neighbouring Land' 'privacy' 'pruning Orders']
['trees Disputes Between Neighbours' 'environmental and Planning Law'] ['obstruction of Sunlight' 'obstruction of Views' 'bamboo Hedge' 'neighbouring Land' 'privacy' 'pruning Orders']

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Procedural Posture

Class 2 Pt 2 a Application Under the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the bamboo was planted on adjoining land so as to form a hedge rising to a height of at least 2.5 metres.' 'Whether the applicant made reasonable effort to reach agreement with the respondents.' "Whether the bamboo severely obstructed sunlight to a window of the applicant's dwelling." "Whether the bamboo severely obstructed a view from the applicant's dwelling." "Whether the applicant's interest in mitigating the obstruction outweighed reasons to avoid interfering with the bamboo, including the respondents' privacy."]

Ratio Decidendi

The bamboo formed a hedge to which Pt 2A applied, the applicant had made reasonable efforts to reach agreement, and the hedge severely obstructed winter sunlight to the applicant's ground-floor windows and severely obstructed the outlook from her ground level. Although the hedge provided privacy for the respondents, the applicant had no alternative means of obtaining sunlight to those windows, while the respondents had other means to address privacy. The applicant's interest in mitigating the obstruction therefore outweighed reasons to avoid interfering with the bamboo, justifying regular pruning orders.

Court Disposition

Application granted to the extent of pruning and access orders.

Orders

  • ['The application is granted to the extent of the orders below.' "Until the bamboo hedge along the respondents' common boundary with the applicant's property is removed, during March and September each year beginning March 2022, the respondents are to prune, or are to engage a suitably insured landscape contractor...