Le Brocque & anor v Bills & anor [2014] NSWLEC 1201

Le Brocque & anor v Bills & anor [2014] NSWLEC 1201

Although the bamboo severely obstructs views from two nominated positions (terrace and guest bedroom window), the applicants' wider main living area retains clear views of the lake and the bamboo was reasonably planted for privacy. The severity and nature of the obstruction does not outweigh the respondents' reasonable privacy interests, and so no orders should be made for its removal or pruning.

Jurisdiction
Australia
Judgment Date
29 September 2014
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Final Decision at First Instance
Outcome
Application dismissed
Legal Topics
['trees and Hedges Between Neighbours' 'obstruction of Views' 'obstruction of Sunlight' 'privacy Balancing' 'jurisdiction Under Trees Act']
['property Law' 'environmental Law'] ['trees and Hedges Between Neighbours' 'obstruction of Views' 'obstruction of Sunlight' 'privacy Balancing' 'jurisdiction Under Trees Act']

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Final Decision at First Instance

Legal Issues

  1. 1 ["Whether the bamboo hedge severely obstructs views from the applicants' dwelling" "Whether the bamboo hedge severely obstructs sunlight to windows of the applicants' dwelling" "Whether applicants' interests in having the bamboo pruned outweigh respondents' interests in privacy"]

Ratio Decidendi

Although the bamboo severely obstructs views from two nominated positions (terrace and guest bedroom window), the applicants' wider main living area retains clear views of the lake and the bamboo was reasonably planted for privacy. The severity and nature of the obstruction does not outweigh the respondents' reasonable privacy interests, and so no orders should be made for its removal or pruning.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']