Bao v Mylonas [2017] NSWLEC 1216

Bao v Mylonas [2017] NSWLEC 1216

The bamboo caused damage to the fence, justifying orders for replacement and associated bamboo removal. The bamboo also causes a severe obstruction of sunlight to a window of Mr Bao's dwelling. Orders should balance the competing interests by allowing the fence to be replaced (with cost-sharing), bamboo to be removed near the boundary, and regular pruning of the bamboo to reduce its impact while preserving screening benefits.

Parties
Applicant: Minggang Bao; Respondent: George Mylonas
Jurisdiction
Australia
Judgment Date
03 May 2017
Procedural Posture
Trees (disputes Between Neighbours) Land and Environment Court Application / Judgment on the Merits; Final Orders
Outcome
Application upheld
Legal Topics
Neighbour Disputes, Tree Disputes, Obstruction of Sunlight, Damage to Fence, Orders for Fence Replacement, Pruning
Property Law Environmental Law Neighbour Disputes Tree Disputes Obstruction of Sunlight Damage to Fence Orders for Fence Replacement Pruning

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Parties

Minggang Bao

Applicant

George Mylonas

Respondent

Procedural Posture

Trees (disputes Between Neighbours) Land and Environment Court Application / Judgment on the Merits; Final Orders

Legal Issues

  1. 1 Whether the bamboo caused damage to Mr Bao's fence
  2. 2 Whether the bamboo caused a severe obstruction of sunlight to a window of Mr Bao's dwelling
  3. 3 What orders are warranted under the Trees (Disputes Between Neighbours) Act 2006

Ratio Decidendi

The bamboo caused damage to the fence, justifying orders for replacement and associated bamboo removal. The bamboo also causes a severe obstruction of sunlight to a window of Mr Bao's dwelling. Orders should balance the competing interests by allowing the fence to be replaced (with cost-sharing), bamboo to be removed near the boundary, and regular pruning of the bamboo to reduce its impact while preserving screening benefits.

Court Disposition

Application upheld

Orders

  • Parties to jointly obtain quotes and select a surveyor for common boundary survey, with costs shared
  • Respondent to engage selected surveyor; both parties to allow access and applicant to pay 50% of survey cost