Miletta v Ngo [2024] NSWLEC 1070

Miletta v Ngo [2024] NSWLEC 1070

Although the hedges obstruct sunlight to and views from parts of the applicants' dwelling, the applicants have not lost sunlight or views previously enjoyed since the obstruction resulted from their renovations rather than any change in the hedges; thus, the statutory precondition for orders is not satisfied and the application must be refused.

Parties
First Applicant: Caterina Miletta; Second Applicant: Carmela Miletta; Respondent: Michael Ngo
Jurisdiction
Australia
Judgment Date
16 February 2024
Procedural Posture
Class 2 Application Under Trees (disputes Between Neighbours) Act 2006 / Final Decision After Hearing
Outcome
Application refused
Legal Topics
Trees and Hedges Dispute, Obstruction of Sunlight, Obstruction of View, Reasonable Effort to Agree, Loss of Prior Amenity
Environmental Law Property Law Trees and Hedges Dispute Obstruction of Sunlight Obstruction of View Reasonable Effort to Agree Loss of Prior Amenity

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Parties

Caterina Miletta

First Applicant

Carmela Miletta

Second Applicant

Michael Ngo

Respondent

Procedural Posture

Class 2 Application Under Trees (disputes Between Neighbours) Act 2006 / Final Decision After Hearing

Legal Issues

  1. 1 Whether hedges formed by trees severely obstruct sunlight to windows of the applicants' dwelling
  2. 2 Whether hedges severely obstruct a view from the applicants' dwelling
  3. 3 Whether the applicants lost sunlight or views previously enjoyed due to the hedges

Ratio Decidendi

Although the hedges obstruct sunlight to and views from parts of the applicants' dwelling, the applicants have not lost sunlight or views previously enjoyed since the obstruction resulted from their renovations rather than any change in the hedges; thus, the statutory precondition for orders is not satisfied and the application must be refused.

Court Disposition

Application refused

Orders

  • The application is refused.
  • The exhibits are returned, except for exhibit A.