De Jesus Sampaio v Rajaratnam [2020] NSWLEC 1116

De Jesus Sampaio v Rajaratnam [2020] NSWLEC 1116

The seven Syzygium trees formed a hedge within s 14A(1), having been planted close together and reaching about six metres. Although the sunlight claim did not have merit, the dense hedge in close proximity to the applicant's upper level living room and balcony severely obstructed valued water, sunset, land-water...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
27 February 2020
Procedural Posture
Class 2 Application Under Part 2 a of the Trees (disputes Between Neighbours) Act 2006 / Onsite Hearing and Final Orders
Outcome
The application is granted.
Legal Topics
['high Hedges' 'severe Obstruction of Views' 'obstruction of Sunlight to a Window' 'view Sharing' 'pruning Orders']
['trees Disputes Between Neighbours' 'land and Environment' 'property'] ['high Hedges' 'severe Obstruction of Views' 'obstruction of Sunlight to a Window' 'view Sharing' 'pruning Orders']

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Procedural Posture

Class 2 Application Under Part 2 a of the Trees (disputes Between Neighbours) Act 2006 / Onsite Hearing and Final Orders

Legal Issues

  1. 1 ['Whether the seven Syzygium (Lilly Pilly) trees formed a hedge to which Part 2A of the Trees (Disputes between Neighbours) Act 2006 applied.' "Whether the hedge severely obstructed a view from the applicant's dwelling." "Whether the applicant's claim concerning obstruction of sunlight to a window had merit." "Whether the applicant's interest in having the obstruction remedied outweighed matters suggesting the undesirability of disturbing or interfering with the trees." 'What pruning and maintenance orders should be made, and at whose expense.']

Ratio Decidendi

The seven Syzygium trees formed a hedge within s 14A(1), having been planted close together and reaching about six metres. Although the sunlight claim did not have merit, the dense hedge in close proximity to the applicant's upper level living room and balcony severely obstructed valued water, sunset, land-water interface and district views from living areas. The respondent's proposed future dwelling was not relevant to the present-tense assessment under Part 2A, and other trees would only frame or filter views rather than block them entirely. Balancing the matters in s 14F, pruning would significantly benefit the applicant by restoring views while retaining most privacy and landscape...

Court Disposition

The application is granted.

Orders

  • ["Within 45 days of these orders, the Respondent must prune the two Syzygium (Lilly Pilly) trees (T6-7) at the south-eastern end of the hedge down to a height horizontally in line with a point two metres above the applicant's rear balcony floor." "Within 45 days of these orders, the Respondent must prune the...