Sinclair v Savage [2024] NSWLEC 1672

Sinclair v Savage [2024] NSWLEC 1672

The trees are not causing a severe obstruction of sunlight to the applicant's windows because the balcony ceiling and awning shade the windows, preventing direct sunlight even if the trees were absent. Therefore, the statutory test for making an order is not satisfied and the application is refused.

Parties
Applicant: Monica Sinclair; First Respondent: Olivia Savage; Second Respondent: Janek Savage
Jurisdiction
Australia
Judgment Date
16 October 2024
Procedural Posture
Class 2 Application Under Trees (disputes Between Neighbours) Act 2006 Pt 2 a / Principal Judgment
Outcome
Application refused
Legal Topics
Tree Disputes, Obstruction of Sunlight, Neighbour Disputes
Environment and Planning Law Tree Disputes Obstruction of Sunlight Neighbour Disputes

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Parties

Monica Sinclair

Applicant

Olivia Savage

First Respondent

Janek Savage

Second Respondent

Procedural Posture

Class 2 Application Under Trees (disputes Between Neighbours) Act 2006 Pt 2 a / Principal Judgment

Legal Issues

  1. 1 Whether the Leyland cypress hedge causes a severe obstruction of sunlight to the applicant's dwelling under s 14E(2)(a)(i) of the Trees (Disputes Between Neighbours) Act 2006

Ratio Decidendi

The trees are not causing a severe obstruction of sunlight to the applicant's windows because the balcony ceiling and awning shade the windows, preventing direct sunlight even if the trees were absent. Therefore, the statutory test for making an order is not satisfied and the application is refused.

Court Disposition

Application refused

Orders

  • The application is refused.
  • The exhibits are returned other than Exhibit A.