Gleeson v Anger [2012] NSWLEC 1184

Gleeson v Anger [2012] NSWLEC 1184

The Court found no current or likely damage from the trees within the next 12 months, nor any severe obstruction of sunlight to the relevant window. The jurisdictional thresholds of the Act were not met and the application must be dismissed.

Parties
Applicant: Mrs Laurel Gleeson; Respondent: Mrs Olive Anger
Jurisdiction
Australia
Judgment Date
09 July 2012
Procedural Posture
Trees (disputes Between Neighbours) Act 2006 Application / Final Decision
Outcome
Application dismissed
Legal Topics
Trees and Vegetation Disputes, Obstruction of Sunlight, Risk of Damage to Property
Environmental Law Trees and Vegetation Disputes Obstruction of Sunlight Risk of Damage to Property

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Parties

Mrs Laurel Gleeson

Applicant

Mrs Olive Anger

Respondent

Procedural Posture

Trees (disputes Between Neighbours) Act 2006 Application / Final Decision

Legal Issues

  1. 1 Whether trees are likely to cause damage to property in the near future under Part 2 of the Act
  2. 2 Whether trees form a hedge and severely obstruct sunlight to a window under Part 2A of the Act

Ratio Decidendi

The Court found no current or likely damage from the trees within the next 12 months, nor any severe obstruction of sunlight to the relevant window. The jurisdictional thresholds of the Act were not met and the application must be dismissed.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.