Brown v Davey (No 2) [2022] NSWLEC 1190

Brown v Davey (No 2) [2022] NSWLEC 1190

The court found that although the trees had grown a little since the previous application, the growth was insufficient to constitute a material change in circumstances or to make the obstruction of sunlight severe enough to meet the jurisdictional threshold under s 14E(2)(a)(i) of the Trees Act. Therefore, the application was refused.

Parties
Applicant: Geoffrey Lloyd Brown; Respondent: Grant Davey
Jurisdiction
Australia
Judgment Date
08 April 2022
Procedural Posture
Pt 2 a Application Under Trees (disputes Between Neighbours) Act 2006 / Final Judgment
Outcome
Application refused
Legal Topics
Trees Disputes Between Neighbours, Obstruction of Sunlight, Material Change in Circumstances
Property Law Trees Disputes Between Neighbours Obstruction of Sunlight Material Change in Circumstances

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Parties

Geoffrey Lloyd Brown

Applicant

Grant Davey

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether there has been a material change in circumstances since the earlier application
  2. 2 Whether the trees have grown sufficiently to change the degree of sunlight obstruction
  3. 3 Whether the sunlight obstruction meets the jurisdictional test of severity

Ratio Decidendi

The court found that although the trees had grown a little since the previous application, the growth was insufficient to constitute a material change in circumstances or to make the obstruction of sunlight severe enough to meet the jurisdictional threshold under s 14E(2)(a)(i) of the Trees Act. Therefore, the application was refused.

Court Disposition

Application refused

Orders

  • The application is refused.