West v Arico [2023] NSWLEC 1668

West v Arico [2023] NSWLEC 1668

Although the applicant had made a reasonable effort to reach agreement, the evidence did not satisfy the Court that the bamboo severely obstructed sunlight to the applicant's windows or severely obstructed views from his dwelling. The other trees were not planted to form a hedge, so Pt 2A did not apply to them. Because the jurisdictional requirements in s 14E(2) were not met, the Court could not make the orders sought.

Jurisdiction
Australia
Judgment Date
23 October 2023
Procedural Posture
Class 2 Pt 2 a Application Under the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment After Onsite Hearing
Outcome
The application is refused.
Legal Topics
['pt 2 a Application' 'bamboo Hedge' 'obstruction of Sunlight' 'obstruction of Views' 'reasonable Effort to Reach Agreement']
['trees Disputes Between Neighbours' 'land and Environment'] ['pt 2 a Application' 'bamboo Hedge' 'obstruction of Sunlight' 'obstruction of Views' 'reasonable Effort to Reach Agreement']

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Procedural Posture

Class 2 Pt 2 a Application Under the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment After Onsite Hearing

Legal Issues

  1. 1 ['Whether the applicant made a reasonable effort to reach agreement with the owners of the land on which the trees are situated.' "Whether the bamboo hedge severely obstructed sunlight to a window of a dwelling on the applicant's land." "Whether the bamboo hedge severely obstructed a view from a dwelling on the applicant's land." 'Whether orders could be made for pruning other trees that were not planted to form a hedge.']

Ratio Decidendi

Although the applicant had made a reasonable effort to reach agreement, the evidence did not satisfy the Court that the bamboo severely obstructed sunlight to the applicant's windows or severely obstructed views from his dwelling. The other trees were not planted to form a hedge, so Pt 2A did not apply to them. Because the jurisdictional requirements in s 14E(2) were not met, the Court could not make the orders sought.

Court Disposition

The application is refused.

Orders

  • ['The application is refused.' 'The exhibits are returned, other than Exhibit A.']