Tigani v Hazelbrook [2023] NSWLEC 1061

Tigani v Hazelbrook [2023] NSWLEC 1061

The Court does not have jurisdiction to make orders as the alleged severe obstruction concerns sunlight to a courtyard, not to a window, and in relation to the new window, the obstruction by the trees is not severe and did not develop during applicant's ownership.

Jurisdiction
Australia
Judgment Date
08 February 2023
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 Pt 2 a / Final Decision
Outcome
Application refused
Legal Topics
['trees – Disputes Between Neighbours' 'obstruction of Sunlight' 'jurisdictional Limitation Under Trees Act']
['environmental Law' 'property Law'] ['trees – Disputes Between Neighbours' 'obstruction of Sunlight' 'jurisdictional Limitation Under Trees Act']

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 Pt 2 a / Final Decision

Legal Issues

  1. 1 ["Whether trees severely obstruct sunlight to a window of applicant's dwelling" 'Whether the Court has jurisdiction regarding sunlight obstruction to a courtyard' "Whether loss of sunlight to a window must develop during applicant's ownership"]

Ratio Decidendi

The Court does not have jurisdiction to make orders as the alleged severe obstruction concerns sunlight to a courtyard, not to a window, and in relation to the new window, the obstruction by the trees is not severe and did not develop during applicant's ownership.

Court Disposition

Application refused

Orders

  • ['The application is refused.' 'The exhibits are returned, other than A.']