French & anor v Bendror [2017] NSWLEC 1013

French & anor v Bendror [2017] NSWLEC 1013

On the balance of evidence, the applicants did not establish to the required extent under s 14E(2)(a)(i) that the trees are severely obstructing sunlight to their windows at their current height; therefore, the Court's jurisdiction to make orders was not engaged.

Parties
Applicants: John & Maria French; Respondent: Rowena Bendror
Jurisdiction
Australia
Judgment Date
17 January 2017
Procedural Posture
Class 2 Application Under Trees (disputes Between Neighbours) Act 2006 / Principal Judgment
Outcome
Application dismissed
Legal Topics
Trees, Sunlight Obstruction, Neighbour Disputes
Property Environmental Law Trees Sunlight Obstruction Neighbour Disputes

Case Brief

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Parties

John & Maria French

Applicants

Rowena Bendror

Respondent

Procedural Posture

Class 2 Application Under Trees (disputes Between Neighbours) Act 2006 / Principal Judgment

Legal Issues

  1. 1 Whether the trees on the respondent's property are severely obstructing sunlight to the applicant's dwelling windows and whether orders for pruning or maintenance should be made

Ratio Decidendi

On the balance of evidence, the applicants did not establish to the required extent under s 14E(2)(a)(i) that the trees are severely obstructing sunlight to their windows at their current height; therefore, the Court's jurisdiction to make orders was not engaged.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.