Clancy v Bell & anor [2011] NSWLEC 1017

Clancy v Bell & anor [2011] NSWLEC 1017

There is no severe obstruction of sunlight to any window of the applicant's dwelling caused by the respondents' trees; thus, the jurisdictional test under s14E2(a)(i) of the Trees (Disputes Between Neighbours) Act 2006 is not satisfied, and the Court cannot make an order for interference with the trees.

Parties
Applicant: Mrs G Clancy; Respondent: Mr A Bell; Respondent: Mrs W Bell
Jurisdiction
Australia
Judgment Date
07 February 2011
Procedural Posture
Principal Judgment / Final Hearing
Outcome
Application dismissed
Legal Topics
Trees (disputes Between Neighbours), Obstruction of Sunlight, Jurisdictional Tests Under Trees Act
Property Law Environmental Law Trees (disputes Between Neighbours) Obstruction of Sunlight Jurisdictional Tests Under Trees Act

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Parties

Mrs G Clancy

Applicant

Mr A Bell

Respondent

Mrs W Bell

Respondent

Procedural Posture

Principal Judgment / Final Hearing

Legal Issues

  1. 1 Whether the trees on the respondents' property severely obstruct sunlight to a window of the applicant's dwelling within the meaning of s14E2(a)(i) of the Trees (Disputes Between Neighbours) Act 2006

Ratio Decidendi

There is no severe obstruction of sunlight to any window of the applicant's dwelling caused by the respondents' trees; thus, the jurisdictional test under s14E2(a)(i) of the Trees (Disputes Between Neighbours) Act 2006 is not satisfied, and the Court cannot make an order for interference with the trees.

Court Disposition

Application dismissed

Orders

  • The application in its entirety is dismissed.
  • The exhibits are retained.