Nevins & anor v Yeomans & anor [2011] NSWLEC 1037

Nevins & anor v Yeomans & anor [2011] NSWLEC 1037

Some of the trees (3, 6, 7, 8, 9) severely obstruct views from the applicants' dwelling. Jurisdiction for loss of view is satisfied, but not for loss of sunlight to the garden. Balancing the needs, including Mr Nevins' reduced mobility and the minimal impact on privacy and trees' health, orders for limited pruning are appropriate.

Parties
Applicant: Mr J Nevins; Applicant: Mrs E Nevins; Respondent: Mr A Yeomans; Respondent: Mrs S Yeomans
Jurisdiction
Australia
Judgment Date
15 February 2011
Procedural Posture
Principal Judgment / Final Decision at Hearing
Outcome
Application to prune hedge upheld in part. Application regarding sunlight to the garden dismissed.
Legal Topics
Trees (disputes Between Neighbours) Act 2006, Hedge Pruning, Obstruction of Views, Jurisdictional Tests Under S 14 E and S 14 F
Environmental Law Trees (disputes Between Neighbours) Act 2006 Hedge Pruning Obstruction of Views Jurisdictional Tests Under S 14 E and S 14 F

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Parties

Mr J Nevins

Applicant

Mrs E Nevins

Applicant

Mr A Yeomans

Respondent

Mrs S Yeomans

Respondent

Procedural Posture

Principal Judgment / Final Decision at Hearing

Legal Issues

  1. 1 Whether the trees severely obstruct a view from the applicants' dwelling under s 14E(2)(a)(ii) of the Trees (Disputes Between Neighbours) Act 2006
  2. 2 Whether the application to prune for sunlight to the garden meets jurisdictional tests under s 14E(2)(a)(i)
  3. 3 Balancing applicant interests and other considerations under s 14E(2)(b) and s 14F

Ratio Decidendi

Some of the trees (3, 6, 7, 8, 9) severely obstruct views from the applicants' dwelling. Jurisdiction for loss of view is satisfied, but not for loss of sunlight to the garden. Balancing the needs, including Mr Nevins' reduced mobility and the minimal impact on privacy and trees' health, orders for limited pruning are appropriate.

Court Disposition

Application to prune hedge upheld in part. Application regarding sunlight to the garden dismissed.

Orders

  • Application to prune the trees for a view is upheld in part.
  • Application to prune the trees for sunlight to the garden is dismissed.