Holden v Smith & anor [2011] NSWLEC 1066
The application was dismissed because the Trees (Disputes Between Neighbours) Act 2006 did not apply to proposed but not yet existing property or to alleged obstructions of sunlight to gardens (as opposed to windows), and no immediate or appreciable likelihood of damage or injury was established.
- Jurisdiction
- Australia
- Judgment Date
- 16 March 2011
- Procedural Posture
- Application Under the Trees (disputes Between Neighbours) Act 2006 / Final Judgment
- Outcome
- Application dismissed
- Legal Topics
- ['trees (disputes Between Neighbours) Act 2006' 'damage to Property' 'injury to Person' 'obstruction of Sunlight' 'hedge Disputes']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Application Under the Trees (disputes Between Neighbours) Act 2006 / Final Judgment
Legal Issues
- 1 ["Whether orders can be made for removal or pruning of neighbour's trees under s 7 Part 2 and s 14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006" 'Whether potential damage or injury is actionable under the Act where affected property does not yet exist' 'Whether obstruction of sunlight to a garden (not a window) provides grounds for an order under Part 2A']
Ratio Decidendi
The application was dismissed because the Trees (Disputes Between Neighbours) Act 2006 did not apply to proposed but not yet existing property or to alleged obstructions of sunlight to gardens (as opposed to windows), and no immediate or appreciable likelihood of damage or injury was established.
Court Disposition
Application dismissed
Orders
- ['The application in its entirety is dismissed.']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment