Holpert & anor v Sarsfield & anor [2016] NSWLEC 1031

Holpert & anor v Sarsfield & anor [2016] NSWLEC 1031

The bamboo plants are trees to which Part 2A applies due to the total height above ground level. However, the applicants have not established that the bamboo severely obstructs sunlight to any relevant window or severely obstructs views from the dwelling, given the physical and photographic evidence, the configurations of the dwellings, and the incomplete state of construction. Statutory precondition in s 14E(2) is not satisfied; application dismissed.

Parties
Applicant: Mr O Holpert; Applicant: Ms C Koellner; Respondent: Mr A Sarsfield; Respondent: Ms G Smart
Jurisdiction
Australia
Judgment Date
04 February 2016
Procedural Posture
Class 2 / Application for Orders Under Trees (disputes Between Neighbours) Act 2006; Hearing and Judgment
Outcome
Application dismissed
Legal Topics
Trees (disputes Between Neighbours) Act 2006, Obstruction of Sunlight, Obstruction of Views, Hedge Height, Jurisdictional Tests for Orders
Environmental Law Neighbourhood Disputes Trees (disputes Between Neighbours) Act 2006 Obstruction of Sunlight Obstruction of Views Hedge Height Jurisdictional Tests for Orders

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Parties

Mr O Holpert

Applicant

Ms C Koellner

Applicant

Mr A Sarsfield

Respondent

Ms G Smart

Respondent

Procedural Posture

Class 2 / Application for Orders Under Trees (disputes Between Neighbours) Act 2006; Hearing and Judgment

Legal Issues

  1. 1 Whether the bamboo hedge qualifies as 'trees' under Part 2A of the Act
  2. 2 Whether the bamboo severely obstructs sunlight to windows of applicants' dwelling
  3. 3 Whether the bamboo severely obstructs views from the applicants' dwelling

Ratio Decidendi

The bamboo plants are trees to which Part 2A applies due to the total height above ground level. However, the applicants have not established that the bamboo severely obstructs sunlight to any relevant window or severely obstructs views from the dwelling, given the physical and photographic evidence, the configurations of the dwellings, and the incomplete state of construction. Statutory precondition in s 14E(2) is not satisfied; application dismissed.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.