Ditton v Barker and Martin [2018] NSWLEC 1455

Ditton v Barker and Martin [2018] NSWLEC 1455

The significant growth of the Leyland Cypress trees since the previous application constitutes a change in circumstances that justifies a new application; the evidence at the hearing established that the trees now cause a severe obstruction of sunlight to the applicant’s windows during winter, warranting an order for removal.

Jurisdiction
Australia
Judgment Date
23 August 2018
Procedural Posture
Application Under the Trees (disputes Between Neighbours) Act 2006 (nsw) / Final Judgment
Outcome
Application allowed; orders for tree removal granted.
Legal Topics
['trees Disputes Between Neighbours' 'obstruction of Sunlight' 'orders for Tree Removal']
['environmental Law' 'property Law'] ['trees Disputes Between Neighbours' 'obstruction of Sunlight' 'orders for Tree Removal']

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Procedural Posture

Application Under the Trees (disputes Between Neighbours) Act 2006 (nsw) / Final Judgment

Legal Issues

  1. 1 ['Whether a second application for tree removal can be made after an earlier dismissal' "Whether the Leyland Cypress trees cause a severe obstruction of sunlight to the applicant's property"]

Ratio Decidendi

The significant growth of the Leyland Cypress trees since the previous application constitutes a change in circumstances that justifies a new application; the evidence at the hearing established that the trees now cause a severe obstruction of sunlight to the applicant’s windows during winter, warranting an order for removal.

Court Disposition

Application allowed; orders for tree removal granted.

Orders

  • ['Within 60 days of the date of these orders the respondents are to engage a suitably qualified arborist (minimum AQF level 3) with all appropriate insurances to remove the ten Leyland Cypress trees (five along their front boundary and five along their back boundary) from their property to a height of no more than...