The Owners – Strata Plan 14416 v The Owners – Strata Plan 16857 [2021] NSWLEC 1659

The Owners – Strata Plan 14416 v The Owners – Strata Plan 16857 [2021] NSWLEC 1659

The bamboo forms a hedge as defined by the Trees Act and causes a severe obstruction to the views from specific units whose owners had those views prior to the bamboo's growth; the strata plan can apply as land owner, but the orders must specifically relate to loss by the affected units. The proposed consent orders...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 October 2021
Procedural Posture
Pt 2 a Application – Obstruction of Sunlight and Views / Principal Judgment – Orders by Consent
Outcome
Orders made by consent to remove and replant/replace the bamboo in accordance with directions; costs of works to be shared, application otherwise refused.
Legal Topics
['trees Disputes Between Neighbours' 'obstruction of Sunlight' 'obstruction of Views' 'hedge Definition Under Trees Act' 'strata Plan Rights']
['property Law' 'environmental Law'] ['trees Disputes Between Neighbours' 'obstruction of Sunlight' 'obstruction of Views' 'hedge Definition Under Trees Act' 'strata Plan Rights']

Source-derived case record

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

Pt 2 a Application – Obstruction of Sunlight and Views / Principal Judgment – Orders by Consent

Legal Issues

  1. 1 ['Whether the bamboo forms a hedge under the Trees (Disputes Between Neighbours) Act 2006' 'Whether the obstruction to sunlight and views is severe' 'Whether a strata plan can bring an application under Pt 2A of the Trees Act' 'Whether an owner or occupier has lost access to sunlight or views']

Ratio Decidendi

The bamboo forms a hedge as defined by the Trees Act and causes a severe obstruction to the views from specific units whose owners had those views prior to the bamboo's growth; the strata plan can apply as land owner, but the orders must specifically relate to loss by the affected units. The proposed consent orders are reasonable and within the jurisdiction of the Act.

Court Disposition

Orders made by consent to remove and replant/replace the bamboo in accordance with directions; costs of works to be shared, application otherwise refused.

Orders

  • ["Within 28 days, the Respondent to remove bamboo labelled T9–T13 as per Annexure 'A'." 'Within 35 days, the Respondent to relocate and replant the bamboo or purchase and plant new bamboo in specified location.' 'New or replanted bamboo to be positioned in line with existing bamboo T20–T24, not closer to boundary...