Davine v Beckitt [2013] NSWLEC 1067

Davine v Beckitt [2013] NSWLEC 1067

There is no severe obstruction of sunlight to applicant's windows; any shading from the trees is minor and not sufficient to enliven the Court's jurisdiction under the Act. Views of the city skyline from the first and second floors were not severely obstructed at the time of hearing, and the applicant never had access to Harbour Bridge views from her dwelling, hence no loss that could be remedied. The trees contribute to privacy and amenity, outweighing minor obstructions. Consequently, the application must be dismissed.

Jurisdiction
Australia
Judgment Date
09 April 2013
Procedural Posture
Tree Dispute / Final Hearing and Judgment
Outcome
Application dismissed
Legal Topics
['trees (disputes Between Neighbours) Act 2006' 'obstruction of Sunlight' 'obstruction of Views' 'hedge Definition']
['environmental Law' 'property Law'] ['trees (disputes Between Neighbours) Act 2006' 'obstruction of Sunlight' 'obstruction of Views' 'hedge Definition']

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Procedural Posture

Tree Dispute / Final Hearing and Judgment

Legal Issues

  1. 1 ["Are the respondent's trees planted so as to form a hedge?" "Do the trees severely obstruct sunlight to windows of the applicant's dwelling?" "Do the trees severely obstruct views from the applicant's dwelling?" 'Does the severity of obstruction outweigh reasons not to interfere with the trees, such as privacy?']

Ratio Decidendi

There is no severe obstruction of sunlight to applicant's windows; any shading from the trees is minor and not sufficient to enliven the Court's jurisdiction under the Act. Views of the city skyline from the first and second floors were not severely obstructed at the time of hearing, and the applicant never had access to Harbour Bridge views from her dwelling, hence no loss that could be remedied. The trees contribute to privacy and amenity, outweighing minor obstructions. Consequently, the application must be dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed in its entirety.']