Lydiard v Rollason [2011] NSWLEC 1365

Lydiard v Rollason [2011] NSWLEC 1365

Trees T11 and T12, forming part of Hedge 2, severely obstruct sunlight to the applicant's windows. Removal of these two trees within 60 days is an appropriate remedy balancing the applicant's interests against the respondent's privacy and amenity.

Parties
Applicant: V Lydiard; Respondent: L Rollason
Jurisdiction
Australia
Judgment Date
20 December 2011
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Final Decision
Outcome
Application partly allowed
Legal Topics
Tree Disputes, Hedges, Sunlight Obstruction, Neighbour Disputes
Property Law Environmental Law Tree Disputes Hedges Sunlight Obstruction Neighbour Disputes

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Parties

V Lydiard

Applicant

L Rollason

Respondent

Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Final Decision

Legal Issues

  1. 1 Whether the applicant made reasonable effort to reach agreement with the respondent under s 14E(1)(a) of the Act
  2. 2 Whether the trees form a hedge as required by s 14A(1) of the Act
  3. 3 Whether the trees severely obstruct sunlight to the applicant's windows under s 14E(2)(a)(i) of the Act

Ratio Decidendi

Trees T11 and T12, forming part of Hedge 2, severely obstruct sunlight to the applicant's windows. Removal of these two trees within 60 days is an appropriate remedy balancing the applicant's interests against the respondent's privacy and amenity.

Court Disposition

Application partly allowed

Orders

  • The respondent is to remove trees T11 and T12 within 60 days of the date of these orders.