Singh v Mammarella [2021] NSWLEC 1095

Singh v Mammarella [2021] NSWLEC 1095

The hedge of Leyland Cypress trees is causing a severe obstruction of sunlight to windows of the applicants' dwelling within the meaning of the Trees Act, and, balancing both parties' interests, it is reasonable to order that the hedge be pruned and regularly maintained at a lower height to allow reasonable sunlight access while preserving some privacy for the respondent.

Jurisdiction
Australia
Judgment Date
02 March 2021
Procedural Posture
Trees (disputes Between Neighbours) High Hedge Dispute / Principal Judgment Orders on Application
Outcome
Application granted. Orders made for pruning and maintenance of the hedge with access arrangements specified.
Legal Topics
['trees Act Disputes' 'neighbourhood Disputes' 'sunlight Obstruction' 'privacy' 'pruning Orders']
['property Law' 'environmental Law'] ['trees Act Disputes' 'neighbourhood Disputes' 'sunlight Obstruction' 'privacy' 'pruning Orders']

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Procedural Posture

Trees (disputes Between Neighbours) High Hedge Dispute / Principal Judgment Orders on Application

Legal Issues

  1. 1 ["Whether the hedge of Leyland Cypress trees constitutes a severe obstruction of sunlight to the applicants' dwelling windows under the Trees (Disputes Between Neighbours) Act 2006." "Balance between restoration of sunlight access and respondent's privacy." 'Whether applicants have made reasonable attempts to resolve the dispute prior to court intervention.']

Ratio Decidendi

The hedge of Leyland Cypress trees is causing a severe obstruction of sunlight to windows of the applicants' dwelling within the meaning of the Trees Act, and, balancing both parties' interests, it is reasonable to order that the hedge be pruned and regularly maintained at a lower height to allow reasonable sunlight access while preserving some privacy for the respondent.

Court Disposition

Application granted. Orders made for pruning and maintenance of the hedge with access arrangements specified.

Orders

  • ['The application is granted.' "The respondent is to engage and pay for a suitably qualified arborist (minimum AQF level 3) with appropriate insurance to prune all seven trees in the hedge to a height not exceeding 4.4 metres above the existing ground level in the respondent's property, and remove any resulting...