Arnold v Johnson [2016] NSWLEC 1594

Arnold v Johnson [2016] NSWLEC 1594

The evidence did not establish that the bamboo at its present height severely obstructed sunlight to any window at the time of the hearing, so the statutory test in s 14E(2) was not met and the application must be dismissed.

Jurisdiction
Australia
Judgment Date
12 December 2016
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Judgment
Outcome
Application dismissed
Legal Topics
['neighbour Disputes' 'tree Disputes' 'severe Obstruction' 'sunlight' 'pruning']
['property Law' 'environmental Law'] ['neighbour Disputes' 'tree Disputes' 'severe Obstruction' 'sunlight' 'pruning']

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the bamboo clump on the respondent's property severely obstructs sunlight to three windows of the applicant's dwelling"]

Ratio Decidendi

The evidence did not establish that the bamboo at its present height severely obstructed sunlight to any window at the time of the hearing, so the statutory test in s 14E(2) was not met and the application must be dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']