Demkin v Koster [2022] NSWLEC 1633

Demkin v Koster [2022] NSWLEC 1633

The hedge of trees does not cause severe obstruction of sunlight to the applicant's dwelling windows as required under Pt 2A, s 14E(2)(a) of the Trees Act, considering the orientation, physical structures, and solar trajectory; the applicant's interest in remedying the obstruction does not outweigh the adverse impact of pruning the trees.

Jurisdiction
Australia
Judgment Date
15 November 2022
Procedural Posture
Pt 2 a Application (trees Act) / Decision at First Instance
Outcome
Application refused
Legal Topics
['tree Dispute' 'obstruction of Sunlight' 'neighbour Disputes']
['property Law' 'environmental Law'] ['tree Dispute' 'obstruction of Sunlight' 'neighbour Disputes']

Case Brief

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Procedural Posture

Pt 2 a Application (trees Act) / Decision at First Instance

Legal Issues

  1. 1 ["Whether the hedge of trees causes a severe obstruction of sunlight to the applicant's dwelling under Trees (Disputes Between Neighbours) Act 2006 Pt 2A" 'Whether the applicant made reasonable effort to resolve the dispute with the respondents before lodging the application']

Ratio Decidendi

The hedge of trees does not cause severe obstruction of sunlight to the applicant's dwelling windows as required under Pt 2A, s 14E(2)(a) of the Trees Act, considering the orientation, physical structures, and solar trajectory; the applicant's interest in remedying the obstruction does not outweigh the adverse impact of pruning the trees.

Court Disposition

Application refused

Orders

  • ['The Pt 2A application is refused.' 'All exhibits are returned.']