Goodwin v Haddad & anor [2014] NSWLEC 1145

Goodwin v Haddad & anor [2014] NSWLEC 1145

The hedge of trees on the respondents' boundary causes a severe obstruction of sunlight to the applicant's windows, satisfying statutory tests. Pruning the trees to a height of no more than 2.5 metres every six months will remedy the obstruction without significantly affecting privacy or screening. Orders are made for pruning accordingly.

Jurisdiction
Australia
Judgment Date
21 July 2014
Procedural Posture
Class 2 / Principal Judgment
Outcome
Application upheld in part
Legal Topics
['tree Disputes' 'hedge Obstruction' 'pruning Orders' 'sunlight Obstruction']
['environmental Law' 'property Law'] ['tree Disputes' 'hedge Obstruction' 'pruning Orders' 'sunlight Obstruction']

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Procedural Posture

Class 2 / Principal Judgment

Legal Issues

  1. 1 ["Whether hedge of trees causes severe obstruction of sunlight to applicant's windows" 'Whether orders should be made to prune the trees to prevent obstruction']

Ratio Decidendi

The hedge of trees on the respondents' boundary causes a severe obstruction of sunlight to the applicant's windows, satisfying statutory tests. Pruning the trees to a height of no more than 2.5 metres every six months will remedy the obstruction without significantly affecting privacy or screening. Orders are made for pruning accordingly.

Court Disposition

Application upheld in part

Orders

  • ["The respondents must engage a suitably experienced contractor to prune the hedge along the common boundary with the applicant's property during the first two weeks of both March and September, starting September 2014, reducing the trees' height to no more than 2.5 metres above ground level and removing overhanging...