Huang v Kennedy & anor [2015] NSWLEC 1487

Huang v Kennedy & anor [2015] NSWLEC 1487

The Court was not satisfied that the trees caused a severe obstruction of sunlight to the nominated windows. Although the impact of the trees on western views was accepted as severe, the impact on the overall views available from the applicant's property was at the lower end of moderate because expansive northern and north-eastern harbour views remained unaffected. In any event, the applicant's interest in pruning did not outweigh the respondents' privacy and amenity interests and the likely adverse effect of the requested pruning on the health, structure and appearance of the trees. Section 14E(2) was not met for either element of the application.

Jurisdiction
Australia
Judgment Date
27 November 2015
Procedural Posture
Class 2 Application Under Part 2 a of the Trees (disputes Between Neighbours) Act 2006 / Final Hearing; Principal Judgment
Outcome
Application dismissed
Legal Topics
['hedge' 'obstruction of Views' 'obstruction of Sunlight' 'view Sharing' 'privacy and Amenity']
['tree Disputes Between Neighbours' 'land and Environment Court Class 2 Proceedings'] ['hedge' 'obstruction of Views' 'obstruction of Sunlight' 'view Sharing' 'privacy and Amenity']

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Procedural Posture

Class 2 Application Under Part 2 a of the Trees (disputes Between Neighbours) Act 2006 / Final Hearing; Principal Judgment

Legal Issues

  1. 1 ['Whether the Leyland Cypress trees were trees to which Part 2A of the Trees (Disputes Between Neighbours) Act 2006 applies.' "Whether the trees were severely obstructing sunlight to windows of the applicant's dwelling." "Whether the trees were severely obstructing views, including views of the Harbour Bridge, from the applicant's dwelling." "Whether the applicant's interest in removal, remedy or restraint of any obstruction outweighed matters suggesting the undesirability of disturbing or interfering with the trees."]

Ratio Decidendi

The Court was not satisfied that the trees caused a severe obstruction of sunlight to the nominated windows. Although the impact of the trees on western views was accepted as severe, the impact on the overall views available from the applicant's property was at the lower end of moderate because expansive northern and north-eastern harbour views remained unaffected. In any event, the applicant's interest in pruning did not outweigh the respondents' privacy and amenity interests and the likely adverse effect of the requested pruning on the health, structure and appearance of the trees. Section 14E(2) was not met for either element of the application.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']