Robertson & anor v Krabman & anor [2016] NSWLEC 1280

Robertson & anor v Krabman & anor [2016] NSWLEC 1280

The applicants did not establish, to the required standard, that the respondents' bamboo caused, is causing, or is likely to cause damage to their property, nor that the obstruction of sunlight to the windows was sufficiently severe to warrant intervention. The respondents' privacy interest, the evidence of hedge establishment, and expert and photographic evidence all weighed against granting any orders. Accordingly, the application in its entirety is dismissed.

Parties
Applicant: Trevor Robertson; Applicant: Amanda Robertson; Respondent: Peter Krabman; Respondent: Matilda Krabman
Jurisdiction
Australia
Judgment Date
05 July 2016
Procedural Posture
Class 2 Tree Dispute (damage to Property and Obstruction of Sunlight) / Final Judgment
Outcome
Application dismissed in its entirety.
Legal Topics
Trees Dispute Between Neighbours, Damage to Property, Obstruction of Sunlight, Hedges
Environmental Law Property Law Trees Dispute Between Neighbours Damage to Property Obstruction of Sunlight Hedges

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Parties

Trevor Robertson

Applicant

Amanda Robertson

Applicant

Peter Krabman

Respondent

Matilda Krabman

Respondent

Procedural Posture

Class 2 Tree Dispute (damage to Property and Obstruction of Sunlight) / Final Judgment

Legal Issues

  1. 1 Whether bamboo planted by respondents caused or is likely to cause damage to the applicants' property (fence, drain, wall, lawn) under s 10(2)(a) of the Trees (Disputes Between Neighbours) Act 2006
  2. 2 Whether bamboo severely obstructs sunlight to windows of applicants' dwelling under s 14E(2) of the Trees (Disputes Between Neighbours) Act 2006, warranting orders for removal or reduction

Ratio Decidendi

The applicants did not establish, to the required standard, that the respondents' bamboo caused, is causing, or is likely to cause damage to their property, nor that the obstruction of sunlight to the windows was sufficiently severe to warrant intervention. The respondents' privacy interest, the evidence of hedge establishment, and expert and photographic evidence all weighed against granting any orders. Accordingly, the application in its entirety is dismissed.

Court Disposition

Application dismissed in its entirety.

Orders

  • The application in its entirety is dismissed.
  • The exhibits except A are returned.