Bradshaw v Liao & anor [2017] NSWLEC 1532

Bradshaw v Liao & anor [2017] NSWLEC 1532

The applicant failed to establish, on the evidence, that the respondents' trees severely obstructed sunlight or iconic views to such an extent as to merit an order under Part 2A of the Trees Act. The trees provided material screening, privacy, and wind protection to the respondents, and were established before the applicant's purchase. Pruning to the level sought would unreasonably stress the trees and diminish the respondents' amenity.

Parties
Applicant: James Bradshaw; Respondent: Jun Xun Liao; Respondent: Hong Wen Hu
Jurisdiction
Australia
Judgment Date
25 September 2017
Procedural Posture
Application Under the Trees (disputes Between Neighbours) Act 2006 / Judgment/decision
Outcome
Application dismissed
Legal Topics
Trees (disputes Between Neighbours) Act 2006, Obstruction of Sunlight, Obstruction of Views, View Sharing, Balancing Interests Between Neighbours
Planning and Environment Law Trees (disputes Between Neighbours) Act 2006 Obstruction of Sunlight Obstruction of Views View Sharing Balancing Interests Between Neighbours

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Parties

James Bradshaw

Applicant

Jun Xun Liao

Respondent

Hong Wen Hu

Respondent

Procedural Posture

Application Under the Trees (disputes Between Neighbours) Act 2006 / Judgment/decision

Legal Issues

  1. 1 Whether the trees on the respondents' property severely obstruct sunlight to the applicant's dwelling within the meaning of the Trees (Disputes Between Neighbours) Act 2006
  2. 2 Whether the trees severely obstruct views from the applicant's property
  3. 3 Whether an order should be made to prune the trees to a specified height, considering the balancing of interests under the Act

Ratio Decidendi

The applicant failed to establish, on the evidence, that the respondents' trees severely obstructed sunlight or iconic views to such an extent as to merit an order under Part 2A of the Trees Act. The trees provided material screening, privacy, and wind protection to the respondents, and were established before the applicant's purchase. Pruning to the level sought would unreasonably stress the trees and diminish the respondents' amenity.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.