Howard & anor v Enis & anor [2013] NSWLEC 1147

The bamboo as currently maintained severely obstructs sunlight to four nominated ground floor windows, warranting intervention. Pruning to specified heights will restore sufficient sunlight while retaining privacy. Application dismissed regarding views as ordinary residential views do not warrant further reduction.

Jurisdiction: Australia
Judgment Date: 13 August 2013
Procedural Posture: Application Under Trees (disputes Between Neighbours) Act 2006 / Principal Judgment
Outcome: Application upheld in part
Legal Topics: ['trees and Hedges' 'obstruction of Sunlight' 'obstruction of Views']

['property' 'environmental Law'] ['trees and Hedges' 'obstruction of Sunlight' 'obstruction of Views']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Principal Judgment

Legal Issues

1 ["Whether bamboo hedge severely obstructs sunlight to windows of the applicants' dwelling" "Whether bamboo hedge severely obstructs views from the applicants' dwelling" 'Whether pruning of the bamboo hedge is warranted balancing privacy and sunlight interests']

Ratio Decidendi

Court Disposition

Application upheld in part

Orders

['Within 30 days, respondents to engage and pay for an AQF level 3 horticulturalist or arborist to prune bamboo along rear southern boundary to specified heights.' 'Commencing May 2014, annual pruning of bamboo by AQF level 3 horticulturalist or arborist to specified heights until bamboo is removed.' "All pruning to...