Rees & Anor v Chen [2017] NSWLEC 1502

Rees & Anor v Chen [2017] NSWLEC 1502

The Court concluded that neither the obstruction of sunlight nor views was 'severe' within the meaning of s 14E(2) at the time of hearing; for sunlight, because the windows face south-southeast with little opportunity for direct sunlight and the hedge already existed when the property was purchased; for views, the loss of view from most nominated viewpoints was minor or moderate, and even where the loss was more significant (study), the applicants' interests did not outweigh reasons to retain the established trees.

Jurisdiction
Australia
Judgment Date
12 September 2017
Procedural Posture
Application Under Part 2 A, Trees (disputes Between Neighbours) Act 2006 / Final Hearing and Judgment
Outcome
Application dismissed
Legal Topics
['trees (disputes Between Neighbours) Act 2006' 'hedges' 'obstruction of Sunlight' 'obstruction of Views']
['property Law' 'environmental Law'] ['trees (disputes Between Neighbours) Act 2006' 'hedges' 'obstruction of Sunlight' 'obstruction of Views']

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Procedural Posture

Application Under Part 2 A, Trees (disputes Between Neighbours) Act 2006 / Final Hearing and Judgment

Legal Issues

  1. 1 ["Whether the applicants satisfied the jurisdictional tests under s 14E(2) of the Trees (Disputes Between Neighbours) Act 2006 for severe obstruction of sunlight to windows and views from their dwelling caused by trees forming a hedge on the respondent's land" 'Whether the Court should order pruning or removal of the hedge']

Ratio Decidendi

The Court concluded that neither the obstruction of sunlight nor views was 'severe' within the meaning of s 14E(2) at the time of hearing; for sunlight, because the windows face south-southeast with little opportunity for direct sunlight and the hedge already existed when the property was purchased; for views, the loss of view from most nominated viewpoints was minor or moderate, and even where the loss was more significant (study), the applicants' interests did not outweigh reasons to retain the established trees.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']