Ocampo v Congregation of Jehovah’s Witnesses [2020] NSWLEC 1528

Land and Environment Court New South Wales

Medium Neutral Citation: Ocampo v Congregation of Jehovah's Witnesses [2020] NSWLEC 1528 Hearing dates: 29 September 2020 Date of orders: 29 September 2020 Decision date: 29 September 2020 Jurisdiction: Class 2 Before: Douglas AC Decision: The orders of the Court are: (1) The applicant and the respondent shall each procure two itemised quotes from licensed plumbers, based on the same specifications, to replace the damaged sections of sewer pipe and stormwater pipe, such that all junctions which exhibited root entry are removed and replaced, and the welded junctions between services and the main pipes are re-established. The quotes shall all include a warranty for workmanship by the plumbers. (2) From the four quotes, the applicant shall select a plumber to complete the works. (3) Within 14 days of receipt of a paid invoice for these plumbing works, the respondent shall pay the applicant the equivalent of 50% of the lowest quote for these works, by E.F.T. or Bank Cheque. (4) The respondent shall allow access for these works, if necessary, during normal working hours, upon receipt of 72 hours written notice, including by email. (5) If the applicant fails to complete the works and present invoice within 6 months of these orders, then these orders shall lapse. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to property – apprehension of further damage – tree removal and compensation sought Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Black v Johnson (No 2) [2007] NSWLEC 513 Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: Alfredo Ocampo (First Applicant) Victoria Ocampo (Second Applicant) Jehovah's Witnesses Congregations (Respondent) Representation: Counsel: A Ocampo (Litigant in person) (First Applicant) V Ocampo (Litigant in person) (Second Applicant) W Bryan (Solicitor) (Respondent)