The Court dismissed the application to prune three trees on adjoining land, finding that the applicant failed to satisfy the jurisdictional tests under both Part 2 and Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (NSW). Under Part 2 (s 10(2)), no evidence was adduced that the trees had caused, were causing, or were likely to cause damage to property or injury to any person. Under Part 2A, the Court found the obstruction of sunlight was not 'severe' as required, and noted the 2009 Review's guidance that Part 2A should not benefit a person who purchased a property knowing of the existing high hedge and then sought orders to gain additional solar access.
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