Fryday v The Owners – Strata Plan No 15039 [2019] NSWLEC 1150

Fryday v The Owners – Strata Plan No 15039 [2019] NSWLEC 1150

The applicant failed to prove that the roots causing damage to his sewer pipe were from the respondents’ trees, rather than from other vegetation. Further, the relevant obstruction to views and sunlight caused by the trees existed at the time of the applicant’s purchase of his property, and thus, based on the Trees...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
01 April 2019
Procedural Posture
Application Under Part 2 and Part 2 a of the Trees (disputes Between Neighbours) Act 2006 (nsw) / Final Judgment
Outcome
Application refused. Five individual respondents removed as parties; The Owners – Strata Plan No 15039 remains the only respondent.
Legal Topics
['trees Disputes Between Neighbours' 'nuisance' 'damage to Property' 'severed Sunlight/view Obstruction']
['environmental Law' 'property Law'] ['trees Disputes Between Neighbours' 'nuisance' 'damage to Property' 'severed Sunlight/view Obstruction']

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Procedural Posture

Application Under Part 2 and Part 2 a of the Trees (disputes Between Neighbours) Act 2006 (nsw) / Final Judgment

Legal Issues

  1. 1 ["Whether the roots from the respondent's trees caused damage to the applicant's sewer pipe warranting compensation or remedial orders under Part 2 of the Trees Act" "Whether the trees form a hedge that severely obstructs the applicant's sunlight or views justifying orders under Part 2A of the Trees Act"]

Ratio Decidendi

The applicant failed to prove that the roots causing damage to his sewer pipe were from the respondents’ trees, rather than from other vegetation. Further, the relevant obstruction to views and sunlight caused by the trees existed at the time of the applicant’s purchase of his property, and thus, based on the Trees Act’s intent, the applicant is not entitled to greater access to views or sunlight than was previously available. The application fails both under Part 2 and Part 2A of the Trees Act.

Court Disposition

Application refused. Five individual respondents removed as parties; The Owners – Strata Plan No 15039 remains the only respondent.

Orders

  • ['Pursuant to r 6.29 of the Uniform Civil Procedure Rules 2005 (NSW), respondents 1–5 (P Richter, V Richter, J Baker, S Scott, R Jopling) are removed as parties to this matter.' 'The application is refused.']