Demkin v Morris [2022] NSWLEC 1632

Demkin v Morris [2022] NSWLEC 1632

The applicant’s evidence and site inspection do not establish a severe obstruction of sunlight to the dwelling windows caused by the respondents’ hedge. Pruning as sought would not provide significant relief and could detrimentally impact the trees; thus, the statutory requirements for making orders are not met.

Jurisdiction
Australia
Judgment Date
15 November 2022
Procedural Posture
Pt 2 a Application Under Trees (disputes Between Neighbours) Act 2006 / Judgment and Orders
Outcome
Application refused
Legal Topics
['trees Disputes Between Neighbours' 'obstruction of Sunlight' 'hedge Disputes' 'amenity Impacts']
['property Law' 'environmental Law'] ['trees Disputes Between Neighbours' 'obstruction of Sunlight' 'hedge Disputes' 'amenity Impacts']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the applicant made reasonable effort to resolve dispute as required by Pt 2A ss 14C, 14E(1)' 'Whether the hedge severely obstructs sunlight to dwelling windows as required by Pt 2A s 14E(2)' "Whether the applicant's interest outweighs undesirability of disturbing trees"]

Ratio Decidendi

The applicant’s evidence and site inspection do not establish a severe obstruction of sunlight to the dwelling windows caused by the respondents’ hedge. Pruning as sought would not provide significant relief and could detrimentally impact the trees; thus, the statutory requirements for making orders are not met.

Court Disposition

Application refused

Orders

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