Zada v Tang [2023] NSWLEC 1100

Zada v Tang [2023] NSWLEC 1100

The bamboo hedge causes severe obstruction of sunlight to windows (W2 and W3) of the applicant's dwelling, but does not cause severe obstruction of views; the damage claims under Part 2 of the Trees Act are not actionable since no genuine damage or evidence was provided; balancing privacy and sunlight, pruning the hedge is ordered rather than removal.

Jurisdiction
Australia
Judgment Date
08 March 2023
Procedural Posture
Tree Dispute / Final Determination
Outcome
Application under Part 2A upheld in part; Part 2 dismissed.
Legal Topics
['trees (disputes Between Neighbours)' 'obstruction of Sunlight' 'obstruction of Views' 'boundary Disputes']
['environmental Law' 'property Law'] ['trees (disputes Between Neighbours)' 'obstruction of Sunlight' 'obstruction of Views' 'boundary Disputes']

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Procedural Posture

Tree Dispute / Final Determination

Legal Issues

  1. 1 ['Whether the bamboo hedge forms a hedge under the Trees Act' "Whether the bamboo hedge severely obstructs sunlight to windows or views from the applicant's dwelling" 'Whether damage to property caused by bamboo roots or leaf sheaths is actionable under the Trees Act' 'Whether the applicant made a reasonable effort to reach agreement with the owners for remedy']

Ratio Decidendi

The bamboo hedge causes severe obstruction of sunlight to windows (W2 and W3) of the applicant's dwelling, but does not cause severe obstruction of views; the damage claims under Part 2 of the Trees Act are not actionable since no genuine damage or evidence was provided; balancing privacy and sunlight, pruning the hedge is ordered rather than removal.

Court Disposition

Application under Part 2A upheld in part; Part 2 dismissed.

Orders

  • ['Within 45 days, respondents to prune the bamboo hedge adjacent to the common boundary to a height no higher than 4.2 metres above ground level, measured from adjacent to the bamboo.' 'During April 2024 and April each subsequent year, respondents to prune the bamboo hedge adjacent to the common boundary to a height...