Tanios v Giourgas [2023] NSWLEC 1806

Tanios v Giourgas [2023] NSWLEC 1806

The hedge did not cause severe obstruction of sunlight to the applicant’s window, as required under the Act; mould and slime are not regarded as damage; and risk of injury from spiders is not caused by the tree itself. Therefore, the application must be refused.

Jurisdiction
Australia
Judgment Date
23 November 2023
Procedural Posture
Trees (disputes Between Neighbours) Application / Decision on Application After Onsite Hearing
Outcome
Application refused
Legal Topics
['tree Disputes' 'hedges' 'obstruction of Sunlight' 'mould and Slime' 'injury From Animals' 'reasonable Maintenance']
['environmental Law' 'property Law'] ['tree Disputes' 'hedges' 'obstruction of Sunlight' 'mould and Slime' 'injury From Animals' 'reasonable Maintenance']

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Procedural Posture

Trees (disputes Between Neighbours) Application / Decision on Application After Onsite Hearing

Legal Issues

  1. 1 ["Whether the hedge of Thuja sp. on the respondents' property causes severe obstruction of sunlight to the applicant's dwelling window under Trees (Disputes Between Neighbours) Act 2006 Pt 2A" 'Whether mould and slime on applicant’s walls amount to damage under the Act Pt 2' 'Whether risk of injury from spiders constitutes a basis for orders under the Act']

Ratio Decidendi

The hedge did not cause severe obstruction of sunlight to the applicant’s window, as required under the Act; mould and slime are not regarded as damage; and risk of injury from spiders is not caused by the tree itself. Therefore, the application must be refused.

Court Disposition

Application refused

Orders

  • ['The application is refused.']