Bramley & anor v Strata Plan No. 50371 [2014] NSWLEC 1037

Bramley & anor v Strata Plan No. 50371 [2014] NSWLEC 1037

Although some sunlight to certain windows was obstructed, the obstruction was not shown to be sufficiently severe—particularly given other sources of shade and the aspect of the windows—and the balance of competing interests did not warrant intervention. In relation to views, the obstruction by the trees was at most moderate and not severe; therefore, jurisdiction to order removal was not established.

Jurisdiction
Australia
Judgment Date
04 March 2014
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Principal Judgment Application Determination
Outcome
Application dismissed
Legal Topics
['trees Disputes' 'hedges' 'sunlight Obstruction' 'view Obstruction' 'neighbour Disputes']
['property Law' 'environmental Law'] ['trees Disputes' 'hedges' 'sunlight Obstruction' 'view Obstruction' 'neighbour Disputes']

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the respondent's trees severely obstruct sunlight to the applicants' windows under s 14E(2)(a)(i) of the Act" "Whether the respondent's trees severely obstruct views from the applicants' property under s 14E(2)(a)(ii) of the Act" "Whether the applicants' interests in remedying the obstruction outweigh other considerations under s 14E(2)(b)"]

Ratio Decidendi

Although some sunlight to certain windows was obstructed, the obstruction was not shown to be sufficiently severe—particularly given other sources of shade and the aspect of the windows—and the balance of competing interests did not warrant intervention. In relation to views, the obstruction by the trees was at most moderate and not severe; therefore, jurisdiction to order removal was not established.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']