Macfadyen v Daley [2023] NSWLEC 1751

Macfadyen v Daley [2023] NSWLEC 1751

The bamboo growing along the respondents' boundary constitutes a severe obstruction of sunlight to the applicant's windows, the applicant has made reasonable efforts to resolve the issue, the applicant's interest in sunlight access outweighs the respondents' desire for privacy, and it is appropriate to order the removal of the bamboo and restrict future hedge heights.

Jurisdiction
Australia
Judgment Date
21 November 2023
Procedural Posture
Class 2 Application / Principal Judgment
Outcome
Application granted to the extent of the orders made.
Legal Topics
['trees (disputes Between Neighbours)' 'obstruction of Sunlight' 'boundary Disputes' 'privacy and Screening']
['environmental Law' 'property Law'] ['trees (disputes Between Neighbours)' 'obstruction of Sunlight' 'boundary Disputes' 'privacy and Screening']

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Procedural Posture

Class 2 Application / Principal Judgment

Legal Issues

  1. 1 ["Whether the bamboo constitutes a severe obstruction of sunlight to the applicant's window within the meaning of the Trees (Disputes Between Neighbours) Act 2006, Pt 2A" 'Whether the applicant made a reasonable effort to reach agreement with the respondents' "Whether the need for privacy screens outweighs the applicant's interest in sunlight access"]

Ratio Decidendi

The bamboo growing along the respondents' boundary constitutes a severe obstruction of sunlight to the applicant's windows, the applicant has made reasonable efforts to resolve the issue, the applicant's interest in sunlight access outweighs the respondents' desire for privacy, and it is appropriate to order the removal of the bamboo and restrict future hedge heights.

Court Disposition

Application granted to the extent of the orders made.

Orders

  • ["Within 30 days, respondents are to remove or pay for the removal of all bamboo along the northern side of the fence that is the common boundary fence along the applicant's courtyard." 'Respondents are to take all reasonable steps to prevent bamboo regrowing along that section of the boundary.' 'Any further hedge...