Wood v Barnes & anor [2017] NSWLEC 1106

Wood v Barnes & anor [2017] NSWLEC 1106

The applicant failed to establish, on the evidence, that the Strelitzia clumps are 'trees to which Part 2A applies' in all relevant respects, and did not demonstrate that they severely obstruct sunlight or views within the meaning of the legislation; thus, the jurisdictional thresholds for granting orders under the...

Source-derived case information.

Parties
Applicant: Rodney Wood; Respondent: Rodney Barnes; Respondent: Kathy Barnes
Jurisdiction
Australia
Judgment Date
01 March 2017
Procedural Posture
Class 2 (tree Dispute) / Decision and Orders
Outcome
Application dismissed
Legal Topics
Trees (disputes Between Neighbours) Act 2006, Hedgerows, Obstruction of Sunlight, Obstruction of View, Jurisdictional Thresholds
Environmental Law Property Law Trees (disputes Between Neighbours) Act 2006 Hedgerows Obstruction of Sunlight Obstruction of View Jurisdictional Thresholds

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Parties

Rodney Wood

Applicant

Rodney Barnes

Respondent

Kathy Barnes

Respondent

Procedural Posture

Class 2 (tree Dispute) / Decision and Orders

Legal Issues

  1. 1 Whether the Strelitzia clumps constitute 'trees to which Part 2A applies' under the Trees (Disputes Between Neighbours) Act 2006
  2. 2 Whether the trees severely obstruct sunlight to windows or views from the applicant's dwelling within the meaning of s 14E(2) of the Act
  3. 3 Whether jurisdictional thresholds are met for orders to be made

Ratio Decidendi

The applicant failed to establish, on the evidence, that the Strelitzia clumps are 'trees to which Part 2A applies' in all relevant respects, and did not demonstrate that they severely obstruct sunlight or views within the meaning of the legislation; thus, the jurisdictional thresholds for granting orders under the Trees Act were not satisfied.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.