Sader v Hunt [2025] NSWLEC 1026

Sader v Hunt [2025] NSWLEC 1026

The Court found the applicant did not make a sufficient reasonable effort to reach agreement with the respondents prior to application, as required under s 14E(1)(a), and that the evidence did not establish a severe obstruction of either sunlight or views as required by s 14E(2) of the Trees (Disputes between Neighbours) Act 2006. Consequently, the Court's power to make the orders sought was not enlivened.

Parties
Applicant: Nathalie Sader; Respondent: Nathan Hunt; Respondent: Andrea Hunt
Jurisdiction
Australia
Judgment Date
20 January 2025
Procedural Posture
Tree Dispute Application (class 1) / Principal Judgment – Merits (final)
Outcome
Application dismissed
Legal Topics
Trees (disputes Between Neighbours) Act 2006, Obstruction of Sunlight, Obstruction of Views, Reasonable Effort to Resolve Disputes
Environmental Law Neighbour Disputes Trees (disputes Between Neighbours) Act 2006 Obstruction of Sunlight Obstruction of Views Reasonable Effort to Resolve Disputes

Case Brief

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Parties

Nathalie Sader

Applicant

Nathan Hunt

Respondent

Andrea Hunt

Respondent

Procedural Posture

Tree Dispute Application (class 1) / Principal Judgment – Merits (final)

Legal Issues

  1. 1 Whether the applicant made reasonable efforts to reach agreement with the respondents as required by s 14E(1)(a) of the Trees (Disputes between Neighbours) Act 2006
  2. 2 Whether the trees severely obstruct sunlight to a window within the meaning of s 14E(2)(a)(i)
  3. 3 Whether the trees severely obstruct a view from a dwelling within the meaning of s 14E(2)(a)(ii)

Ratio Decidendi

The Court found the applicant did not make a sufficient reasonable effort to reach agreement with the respondents prior to application, as required under s 14E(1)(a), and that the evidence did not establish a severe obstruction of either sunlight or views as required by s 14E(2) of the Trees (Disputes between Neighbours) Act 2006. Consequently, the Court's power to make the orders sought was not enlivened.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.