The Court granted orders under both Part 2 (damage to property) and Part 2A (severe obstruction of sunlight) of the Trees (Disputes Between Neighbours) Act 2006 (NSW) in respect of a bamboo hedge. On the Part 2 claim, the Court found bamboo rhizomes and culms had damaged the dividing fence and ordered ongoing maintenance and shared fence repair costs. On the Part 2A claim, the Court held that the bamboo severely obstructed sunlight to several windows despite some dappled light passing through, and that the applicant's interest in remedying the obstruction outweighed the respondents' privacy and amenity interests, ordering partial removal and ongoing pruning rather than complete removal. The Court confirmed that it may order pruning even where the original application sought only removal, as s 14D permits the Court to make 'such orders as it thinks fit', and that a reasonable effort to reach agreement under s 14E(1)(a) need not occur immediately before filing proceedings.
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