King v Silcocks & anor [2012] NSWLEC 1297

King v Silcocks & anor [2012] NSWLEC 1297

The Court found that, although the hedge (trees T2-T7) may cause minor shading, any current obstruction of sunlight by the trees to the applicant's windows is not severe, and therefore the statutory requirements for making an order are not satisfied. The application is dismissed.

Jurisdiction
Australia
Judgment Date
25 October 2012
Procedural Posture
Class 2 / Decision
Outcome
Application dismissed
Legal Topics
['trees (disputes Between Neighbours) Act 2006' 'severe Obstruction of Sunlight' 'hedge Disputes']
['environmental Law'] ['trees (disputes Between Neighbours) Act 2006' 'severe Obstruction of Sunlight' 'hedge Disputes']

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Procedural Posture

Class 2 / Decision

Legal Issues

  1. 1 ['Whether the trees form a hedge under s 14A(1) of the Trees (Disputes Between Neighbours) Act 2006' 'Whether the trees severely obstruct sunlight to windows under s 14E(2)(a)(i)' 'Whether the severity of obstruction outweighs reasons not to interfere with the trees under s 14E(2)(b)']

Ratio Decidendi

The Court found that, although the hedge (trees T2-T7) may cause minor shading, any current obstruction of sunlight by the trees to the applicant's windows is not severe, and therefore the statutory requirements for making an order are not satisfied. The application is dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']