Taylor v Dixon [2022] NSWLEC 1083

Taylor v Dixon [2022] NSWLEC 1083

Although the applicant made reasonable efforts to reach agreement, the two trees formed a hedge and severely obstructed sunlight to her kitchen and dining room windows, the trees were already at or around their current height when she purchased the property. Applying the intention of Pt 2A as described in McDougall v Philip, the Court considered that it could not make orders to give the applicant sunlight access that had not existed at the time of purchase, so the application was refused.

Jurisdiction
Australia
Judgment Date
11 February 2022
Procedural Posture
Class 2 Pt 2 a Application Under the Trees (disputes Between Neighbours) Act 2006 / Final Hearing and Orders
Outcome
The application was refused.
Legal Topics
['obstruction of Sunlight' 'high Hedges' 'reasonable Effort to Reach Agreement' 'severe Obstruction' 'balancing Interests Under S 14 E(2)(b) and S 14 F']
['trees Disputes Between Neighbours' 'land and Environment'] ['obstruction of Sunlight' 'high Hedges' 'reasonable Effort to Reach Agreement' 'severe Obstruction' 'balancing Interests Under S 14 E(2)(b) and S 14 F']

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Procedural Posture

Class 2 Pt 2 a Application Under the Trees (disputes Between Neighbours) Act 2006 / Final Hearing and Orders

Legal Issues

  1. 1 ['Whether the two cypress trees were 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 efforts to reach agreement with the tree owners.' "Whether the trees severely obstructed sunlight to windows of the applicant's dwelling." "Whether the applicant's interest in mitigating the obstruction outweighed reasons to avoid interfering with the trees, having regard to s 14F of the Trees (Disputes Between Neighbours) Act 2006." 'Whether orders should be made where the trees were already at or around their current height when the applicant purchased the property.']

Ratio Decidendi

Although the applicant made reasonable efforts to reach agreement, the two trees formed a hedge and severely obstructed sunlight to her kitchen and dining room windows, the trees were already at or around their current height when she purchased the property. Applying the intention of Pt 2A as described in McDougall v Philip, the Court considered that it could not make orders to give the applicant sunlight access that had not existed at the time of purchase, so the application was refused.

Court Disposition

The application was refused.

Orders

  • ['The application is refused.']