Sukkarieh v Goodwin [2023] NSWLEC 1759

Sukkarieh v Goodwin [2023] NSWLEC 1759

Although the bamboo was a prescribed tree and was planted in a linear arrangement forming a hedge taller than 2.5 metres, the Court was not satisfied that it was severely obstructing sunlight to any nominated window or severely obstructing any view from the applicant's dwelling. The degree of sunlight obstruction was negligible to low, the claimed view obstruction through high bedroom windows was relatively inconsequential when assessed against views available from the whole property, and s 14E(2)(a) was not satisfied. The Court therefore had no power to make orders and refused the application.

Jurisdiction
Australia
Judgment Date
20 June 2023
Procedural Posture
Class 2 Tree Dispute Application Under S 14 B of Pt 2 a of the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment After Onsite Hearing
Outcome
The application is refused.
Legal Topics
['high Hedges' 'bamboo Hedge' 'obstruction of Sunlight' 'obstruction of Views' 'part 2 a Jurisdiction']
['trees Disputes Between Neighbours' 'land and Environment'] ['high Hedges' 'bamboo Hedge' 'obstruction of Sunlight' 'obstruction of Views' 'part 2 a Jurisdiction']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 2 Tree Dispute Application Under S 14 B of Pt 2 a of the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment After Onsite Hearing

Legal Issues

  1. 1 ['Whether the bamboo constituted trees planted so as to form a hedge within Pt 2A of the Trees (Disputes between Neighbours) Act 2006.' "Whether the bamboo hedge severely obstructed sunlight to windows of the applicant's dwelling." "Whether the bamboo hedge severely obstructed a view from the applicant's dwelling." 'Whether the Court had power to make orders under Pt 2A of the Trees (Disputes between Neighbours) Act 2006.']

Ratio Decidendi

Although the bamboo was a prescribed tree and was planted in a linear arrangement forming a hedge taller than 2.5 metres, the Court was not satisfied that it was severely obstructing sunlight to any nominated window or severely obstructing any view from the applicant's dwelling. The degree of sunlight obstruction was negligible to low, the claimed view obstruction through high bedroom windows was relatively inconsequential when assessed against views available from the whole property, and s 14E(2)(a) was not satisfied. The Court therefore had no power to make orders and refused the application.

Court Disposition

The application is refused.

Orders

  • ['The application is refused.']