Letsios v Thind [2019] NSWLEC 1356

Letsios v Thind [2019] NSWLEC 1356

At the trees' current height, the hedge did not cause a severe obstruction of views from, or sunlight to, the applicant's staircase/living area window or kitchen window, so the statutory threshold in s 14E(2)(a) was not met and the Court could not make orders.

Jurisdiction
Australia
Judgment Date
24 July 2019
Procedural Posture
Class 2 Application Under S 14 B of the Trees (disputes Between Neighbours) Act 2006 (nsw) / Onsite Hearing and Final Decision
Outcome
The application is refused.
Legal Topics
['hedge' 'obstruction of Sunlight' 'obstruction of Views' 'neighbouring Trees' 'pruning']
['trees Disputes Between Neighbours' 'land and Environment'] ['hedge' 'obstruction of Sunlight' 'obstruction of Views' 'neighbouring Trees' 'pruning']

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Procedural Posture

Class 2 Application Under S 14 B of the Trees (disputes Between Neighbours) Act 2006 (nsw) / Onsite Hearing and Final Decision

Legal Issues

  1. 1 ["Whether the respondent's hedge severely obstructed views from the applicant's dwelling or sunlight to windows of the dwelling under s 14E(2)(a) of the Trees (Disputes Between Neighbours) Act 2006 (NSW)." 'Whether orders should be made to remedy obstruction allegedly caused by trees in a neighbouring hedge.']

Ratio Decidendi

At the trees' current height, the hedge did not cause a severe obstruction of views from, or sunlight to, the applicant's staircase/living area window or kitchen window, so the statutory threshold in s 14E(2)(a) was not met and the Court could not make orders.

Court Disposition

The application is refused.

Orders

  • ['The application is refused.']