Jayawardena v Salvia & anor [2013] NSWLEC 1243

Jayawardena v Salvia & anor [2013] NSWLEC 1243

The application was dismissed because the Court was not satisfied that the recently pruned bamboo was likely to damage the applicant's property within the near future, and was not satisfied that the bamboo caused a severe obstruction of sunlight to the upstairs windows. Although obstruction to downstairs utility-room windows was more significant, any possible benefit from orders was outweighed by the respondents' interest in maintaining the hedge as it was.

Jurisdiction
Australia
Judgment Date
24 December 2013
Procedural Posture
Class 2 Application Under the Trees (disputes Between Neighbours) Act 2006 Concerning Pruning of Bamboo for Alleged Risk of Damage and Obstruction of Sunlight / Principal Judgment After Onsite Hearing
Outcome
The application is dismissed.
Legal Topics
['hedge' 'obstruction of Sunlight' 'risk of Property Damage' 'bamboo' 'privacy']
['land and Environment' 'trees Disputes Between Neighbours'] ['hedge' 'obstruction of Sunlight' 'risk of Property Damage' 'bamboo' 'privacy']

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Procedural Posture

Class 2 Application Under the Trees (disputes Between Neighbours) Act 2006 Concerning Pruning of Bamboo for Alleged Risk of Damage and Obstruction of Sunlight / Principal Judgment After Onsite Hearing

Legal Issues

  1. 1 ["Whether the bamboo was likely to cause damage to the applicant's property in the near future under s 10(2)(a) of the Trees (Disputes Between Neighbours) Act 2006." 'Whether the bamboo hedge caused a severe obstruction of sunlight to windows sufficient to warrant orders under Part 2A of the Trees (Disputes Between Neighbours) Act 2006.' "Whether any possible sunlight benefit from pruning would be outweighed by the respondents' interest in maintaining privacy."]

Ratio Decidendi

The application was dismissed because the Court was not satisfied that the recently pruned bamboo was likely to damage the applicant's property within the near future, and was not satisfied that the bamboo caused a severe obstruction of sunlight to the upstairs windows. Although obstruction to downstairs utility-room windows was more significant, any possible benefit from orders was outweighed by the respondents' interest in maintaining the hedge as it was.

Court Disposition

The application is dismissed.

Orders

  • ['The application is dismissed in its entirety.']