Mediansky v Willmott & anor [2014] NSWLEC 1098

Mediansky v Willmott & anor [2014] NSWLEC 1098

The Fiddlewood trees caused damage to the applicant's property and a severe obstruction of sunlight to a window of the applicant's dwelling; remedy is ordered through annual pruning and limited reimbursement for repairs rather than total removal.

Jurisdiction
Australia
Judgment Date
06 March 2014
Procedural Posture
Tree Dispute (damage to Property and Obstruction of Sunlight/privacy) / Principal Judgment After Hearing
Outcome
Application partly allowed, orders made for annual pruning, removal of specific branches, reimbursement for limited repairs, and ongoing maintenance.
Legal Topics
['tree Disputes' 'damage to Property' 'obstruction of Sunlight' 'privacy' 'high Hedges']
['property Law' 'environmental Law'] ['tree Disputes' 'damage to Property' 'obstruction of Sunlight' 'privacy' 'high Hedges']

Case Brief

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Tree Dispute (damage to Property and Obstruction of Sunlight/privacy) / Principal Judgment After Hearing

Legal Issues

  1. 1 ["Whether the Fiddlewood trees caused damage to applicant's property" "Whether the trees caused severe obstruction of sunlight to windows of the applicant's dwelling" 'Appropriate orders to remedy damage and sunlight obstruction']

Ratio Decidendi

The Fiddlewood trees caused damage to the applicant's property and a severe obstruction of sunlight to a window of the applicant's dwelling; remedy is ordered through annual pruning and limited reimbursement for repairs rather than total removal.

Court Disposition

Application partly allowed, orders made for annual pruning, removal of specific branches, reimbursement for limited repairs, and ongoing maintenance.

Orders

  • ['By 30 April 2014, respondents to remove two leaders (trunks) on eastern side of main trunk of eastern Fiddlewood tree.' 'Prune four Fiddlewood trees to 4.2 metres above ground level.' 'Prune any overhanging foliage to the fence line after height reduction pruning.' 'Pruning works to be carried out by qualified...