Kontrafouris v Ginter [2022] NSWLEC 1553

Land and Environment Court New South Wales

Medium Neutral Citation: Kontrafouris v Ginter [2022] NSWLEC 1553 Hearing dates: 23 June 2022 Date of orders: 12 October 2022 Decision date: 12 October 2022 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is granted to the extent of the following orders. (2) If within 6 months of the date of these orders the Applicants undertake the work either of relining or replacing their terracotta sewer pipe along the side boundary they share with the Respondents, the Respondents are to pay to the Applicants the lesser amount of $1,000 or 10% of the cost of the works, within 28 days of being provided with a receipted account showing that the work has been undertaken. (3) If such receipted account is not presented to the Respondents within 6 months of the date of these orders, order (2) lapses. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – roots from neighbouring jasmine vine – damage to terracotta pipe – contribution to pipe repair Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2 ss 3, 7, 9, 10, 12 Trees (Disputes Between Neighbours) Regulation 2019, cl 4 Cases Cited: Colling v Wilson [2009] NSWLEC 1061 Difford v Davidson [2018] NSWLEC 1612 The Owners – Strata Plan 38217 v Bates [2022] NSWLEC 1100 Category: Principal judgment Parties: Jim Kontrafouris (First Applicant) Helen Kontrafouris (Second Applicant Francis Ginter (First Respondent) Louise Kelly (Second Respondent) Representation: Counsel: M Kontrafouris (Agent) (Applicants) F Ginter (Self-represented) (First Respondent) L Kelly (Self-represented) (Second Respondent) File Number(s): 2022/84400 Publication restriction: No