Cleary & anor v Hemmes Property Pty Ltd; Crehan v Hemmes Property Pty Ltd; Latimer v Hemmes Property Pty Ltd [2017] NSWLEC 1577

Cleary & anor v Hemmes Property Pty Ltd; Crehan v Hemmes Property Pty Ltd; Latimer v Hemmes Property Pty Ltd [2017] NSWLEC 1577

The applicants failed to establish on the evidence that the Waterhousia trees severely obstruct sunlight to the nominated windows or severely obstruct views from the dwellings; photographs and diagrams were insufficient, and filtered and partial views remain available. Therefore, the statutory jurisdiction for...

Source-derived case information.

Parties
Applicant: Desmond & Kerry Cleary; Applicant: Thomas Crehan; Applicant: Alan Latimer; Respondent: Hemmes Property Pty Ltd
Jurisdiction
Australia
Judgment Date
12 October 2017
Procedural Posture
Class 2 Application Under Trees (disputes Between Neighbours) Act 2006 / Final Judgment
Outcome
applications dismissed
Legal Topics
Tree Disputes, Obstruction of Sunlight, Obstruction of Views, Hedging, Neighbour Disputes
Property Law Environmental Law Tree Disputes Obstruction of Sunlight Obstruction of Views Hedging Neighbour Disputes

Source-derived case record

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 5 Authorities cited 6 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Desmond & Kerry Cleary

Applicant

Thomas Crehan

Applicant

Alan Latimer

Applicant

Hemmes Property Pty Ltd

Respondent

Procedural Posture

Class 2 Application Under Trees (disputes Between Neighbours) Act 2006 / Final Judgment

Legal Issues

  1. 1 whether Waterhousia trees on respondent's property severely obstruct sunlight to windows of applicants' dwellings
  2. 2 whether Waterhousia trees severely obstruct views from applicants' dwellings
  3. 3 whether applicants' interests in removing or remedying the obstruction outweigh matters suggesting undesirability of interfering with the trees

Ratio Decidendi

The applicants failed to establish on the evidence that the Waterhousia trees severely obstruct sunlight to the nominated windows or severely obstruct views from the dwellings; photographs and diagrams were insufficient, and filtered and partial views remain available. Therefore, the statutory jurisdiction for making orders was not engaged and all applications are dismissed.

Court Disposition

applications dismissed

Orders

  • In Matter 267956 of 2017 the application is dismissed.
  • In Matter 267957 of 2017 the application is dismissed.