El Khoury v Hajjar [2021] NSWLEC 1481

El Khoury v Hajjar [2021] NSWLEC 1481

The applicant failed to establish, on the evidence, that the respondent’s hedge severely obstructed sunlight to her dwelling’s windows to the statutory threshold or contributed materially to the claimed medical injury. The evidence, including site inspection and supporting documentation, showed only minor, early morning sunlight obstruction, with the building design as the principal cause of shade. No substantiated expert evidence was provided of injury or damage caused by the trees as required by the Trees Act or the Court’s directions.

Jurisdiction
Australia
Judgment Date
13 April 2021
Procedural Posture
Trees Act Dispute / Final Determination
Outcome
Application dismissed
Legal Topics
['trees (disputes Between Neighbours) Act 2006' 'obstruction of Sunlight' 'injury From Trees' 'hedge Height and Pruning']
['environmental Law' 'property Law'] ['trees (disputes Between Neighbours) Act 2006' 'obstruction of Sunlight' 'injury From Trees' 'hedge Height and Pruning']

Case Brief

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Procedural Posture

Trees Act Dispute / Final Determination

Legal Issues

  1. 1 ["Whether the hedge severely obstructs sunlight to the applicant's dwelling windows under s 14B of the Trees Act" 'Whether the hedge poses a genuine risk of injury related to medical conditions under s 7 of the Trees Act' 'Whether the applicant made reasonable efforts to resolve the dispute as required by the Trees Act']

Ratio Decidendi

The applicant failed to establish, on the evidence, that the respondent’s hedge severely obstructed sunlight to her dwelling’s windows to the statutory threshold or contributed materially to the claimed medical injury. The evidence, including site inspection and supporting documentation, showed only minor, early morning sunlight obstruction, with the building design as the principal cause of shade. No substantiated expert evidence was provided of injury or damage caused by the trees as required by the Trees Act or the Court’s directions.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']