Vecchio v Papavasiliou

The applicants, Vecchio, purchased a vacant block of land in Hamilton, Queensland, with the intention of building a home. The property featured a pre-existing hedge which was later replaced. After constructing their new home, the applicants found that the hedge obstructed their view and blocked sunlight. They sought relief from the court, arguing that they had a right to maintain their view and receive sunlight. The respondent, Papavasiliou, maintained that the hedge was on their property and they had the right to maintain it as they saw fit.

The primary legal issue before the court was whether the applicants had a right to the maintenance of their view and access to sunlight, which was obstructed by the hedge on the respondent’s property. The court had to determine if such rights existed under the common law or any relevant legislation and whether an injunction or other form of relief was appropriate. The applicants argued that their rights to light and view were recognised under the common law, while the respondent contended that the hedge was legitimately maintained and no such rights existed.

The court considered the common law principles surrounding rights to light and view, noting that while such rights are recognised, they are not absolute and must be balanced against the rights of neighbouring property owners. The court found that the hedge did indeed obstruct the applicants’ view and sunlight significantly, affecting their enjoyment of the property. The court concluded that an injunction was necessary to protect the applicants' rights, ordering the respondent to prune and limit the height of the hedge to ensure the applicants’ view and access to sunlight. The court specified the exact height and frequency of maintenance works to be carried out by a qualified arborist, in accordance with relevant standards.

The court made orders requiring the respondent to prune and limit the height of the hedge to 4.55 metres from natural ground level and carry out periodic maintenance at least every six months. The works must be performed by a suitably qualified and insured arborist, adhering to the Australian Standard for pruning of amenity trees. The initial works were to be completed within 60 days of the court's order.