Butler v Taylor & anor [2016] NSWLEC 1427

Butler v Taylor & anor [2016] NSWLEC 1427

Although the trees are of mixed species and likely create a severe obstruction of sunlight to windows, the principal windows affected are not principal living areas and the applicant's interest does not outweigh the undesirability of interfering with the trees; thus, s 14E(2)(b) is not satisfied and no orders are made.

Jurisdiction
Australia
Judgment Date
20 September 2016
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Final Determination
Outcome
Application dismissed
Legal Topics
['trees Disputes Between Neighbours' 'obstruction of Sunlight' 'hedge Definition' 'discretion Under S 14 E(2)']
['environmental Law'] ['trees Disputes Between Neighbours' 'obstruction of Sunlight' 'hedge Definition' 'discretion Under S 14 E(2)']

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Final Determination

Legal Issues

  1. 1 ["Whether trees constitute a 'hedge' under Part 2A" 'Whether trees severely obstruct sunlight to windows' "Whether applicant's interest outweighs undesirability of interfering with the trees"]

Ratio Decidendi

Although the trees are of mixed species and likely create a severe obstruction of sunlight to windows, the principal windows affected are not principal living areas and the applicant's interest does not outweigh the undesirability of interfering with the trees; thus, s 14E(2)(b) is not satisfied and no orders are made.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']