Schulze v Russell [2022] NSWLEC 1747

Schulze v Russell [2022] NSWLEC 1747

The hedge does not cause severe obstruction of sunlight to windows or views from the applicant's dwelling at the time of the hearing. Therefore, jurisdictional requirements under s 14E(2)(a) are not met and the Court cannot make orders.

Parties
Applicant: Lynette May Schulze; Respondent: Jones Russell
Jurisdiction
Australia
Judgment Date
08 December 2022
Procedural Posture
Class 1 Application / Final Judgment
Outcome
Application refused
Legal Topics
Trees—obstruction of Sunlight, Trees—obstruction of Views, Privacy, Jurisdictional Requirements Under Trees (disputes Between Neighbours) Act
Environmental Law Neighbour Disputes Trees—obstruction of Sunlight Trees—obstruction of Views Privacy Jurisdictional Requirements Under Trees (disputes Between Neighbours) Act

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Parties

Lynette May Schulze

Applicant

Jones Russell

Respondent

Procedural Posture

Class 1 Application / Final Judgment

Legal Issues

  1. 1 Whether the hedge obstructs sunlight to windows of applicant's dwelling
  2. 2 Whether the hedge obstructs views from applicant's dwelling
  3. 3 Whether applicant made reasonable effort to reach agreement

Ratio Decidendi

The hedge does not cause severe obstruction of sunlight to windows or views from the applicant's dwelling at the time of the hearing. Therefore, jurisdictional requirements under s 14E(2)(a) are not met and the Court cannot make orders.

Court Disposition

Application refused

Orders

  • The application is refused.