Skender v Ketringham [2022] NSWLEC 1579

Skender v Ketringham [2022] NSWLEC 1579

The obstruction of sunlight to the applicant’s windows by the hedge was not severe, as most sunlight was blocked by house orientation and eaves rather than the hedge; thus s 14E(2)(a) was not satisfied and the Court has no jurisdiction to make orders under Pt 2A of the Trees Act.

Parties
Applicant: Ruth Skender; First Respondent: Colin Ketringham; Second Respondent: Leanne Ketringham
Jurisdiction
Australia
Judgment Date
28 July 2022
Procedural Posture
Tree Dispute Application / Principal Judgment
Outcome
Application refused
Legal Topics
Trees (disputes Between Neighbours), Jurisdiction, Severe Obstruction of Sunlight, Solar Access, Boundary Disputes
Environmental Law Trees (disputes Between Neighbours) Jurisdiction Severe Obstruction of Sunlight Solar Access Boundary Disputes

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Parties

Ruth Skender

Applicant

Colin Ketringham

First Respondent

Leanne Ketringham

Second Respondent

Procedural Posture

Tree Dispute Application / Principal Judgment

Legal Issues

  1. 1 Whether the Court has jurisdiction to order removal or pruning of trees under Trees (Disputes Between Neighbours) Act 2006 Pt 2A for obstruction of sunlight to windows
  2. 2 Whether the alleged obstruction by the hedge is severe as required under s 14E(2)(a) of the Act
  3. 3 Whether loss of sunlight to garden or nuisance from debris engages the Court’s jurisdiction

Ratio Decidendi

The obstruction of sunlight to the applicant’s windows by the hedge was not severe, as most sunlight was blocked by house orientation and eaves rather than the hedge; thus s 14E(2)(a) was not satisfied and the Court has no jurisdiction to make orders under Pt 2A of the Trees Act.

Court Disposition

Application refused

Orders

  • The application is refused.