Bamford v Thrush [2021] NSWLEC 1387

Bamford v Thrush [2021] NSWLEC 1387

The Leyland Cypress hedge, planted in about 2014, forms a wall-like screen which is severely obstructing sunlight to a western side window (W1) of the applicant's dwelling. While iconic or priority views are not significantly affected and removal is disproportionate, the balance of interests supports an order to prune and limit the hedge height and overhang to remedy the severe loss of sunlight, taking account of privacy and other statutory factors.

Jurisdiction
Australia
Judgment Date
13 May 2021
Procedural Posture
Trees (disputes Between Neighbours) – High Hedge Dispute / Final Judgment and Orders
Outcome
Orders for pruning, limiting and maintenance of hedge; removal not granted.
Legal Topics
['trees Affecting Sunlight' 'obstruction of Sunlight' 'neighbour Disputes' 'view Sharing' 'pruning Orders']
['environmental Law' 'property Law'] ['trees Affecting Sunlight' 'obstruction of Sunlight' 'neighbour Disputes' 'view Sharing' 'pruning Orders']

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

Trees (disputes Between Neighbours) – High Hedge Dispute / Final Judgment and Orders

Legal Issues

  1. 1 ["Whether the hedge of Cupressocyparis leylandii is severely obstructing sunlight and/or views from the applicant's property within the meaning of the Trees (Disputes Between Neighbours) Act 2006" 'Whether the Court should make orders to remove, prune or otherwise restrain the hedge']

Ratio Decidendi

The Leyland Cypress hedge, planted in about 2014, forms a wall-like screen which is severely obstructing sunlight to a western side window (W1) of the applicant's dwelling. While iconic or priority views are not significantly affected and removal is disproportionate, the balance of interests supports an order to prune and limit the hedge height and overhang to remedy the severe loss of sunlight, taking account of privacy and other statutory factors.

Court Disposition

Orders for pruning, limiting and maintenance of hedge; removal not granted.

Orders

  • ['Within 30 days, the respondents to prune the height of the hedge to no higher than 3.9 metres above ground level.' 'Respondents to maintain the hedge so it does not exceed 4.2 metres in height, and foliage from the top metre does not protrude over the boundary.' 'Pruning must be completed in accordance with the...