Cattanach v Butler [2023] NSWLEC 1805

Land and Environment Court New South Wales

Medium Neutral Citation: Cattanach v Butler [2023] NSWLEC 1805 Hearing dates: 7 September 2023 Date of orders: 7 September 2023 Decision date: 07 September 2023 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders that: (1) Within 45 days of the date of these orders, the respondent may procure and supply to the applicants, one quotation for plumbing works by a licenced plumber with appropriate insurance, based on the same itemised specifications as the applicants' quote of 17 February 2023 from A. Smith Plumbing Service, and one quotation for paving reinstatement by a licenced landscape gardener with appropriate insurance. (2) Within 90 days of the date of these orders, the applicants shall have their sewer pipes replaced and repaired in accordance with specifications of the applicants' quote of 17 February 2023 from A. Smith Plumbing Services, and have their paving reinstated after completion of the plumbing works, in accordance with the estimate from Eric Kaiser, dated 22 February 2023. (3) Within 7 days of the completion of the plumbing and paving works, the applicants shall email copies of itemised paid invoices to the respondent. (4) Within 7 days of receipt of the paid invoices in Order (3), the respondent shall pay the applicants by electronic fund transfer, the sum of 70% of the cheapest of the quotes for plumbing works, provided that the respondent's quote met the requirements of Order (1), plus 70% of the cheapest of the quotes for paving reinstatement, provided that the respondent's quote met the requirements of Order (1), plus $365.00 compensation for sewer pipe clearance by A. Smith Plumbing on 29/5/2023. Should the respondent not supply quotes in accordance with Order (1), the applicants' quotes from A. Smith Plumbing Services and estimate from Eric Kaiser shall be the basis for compensation. (5) Within 60 days of the date of these orders, the respondent, or an employed contractor with appropriate insurance, shall reattach the applicants' shed gutter so it is fit for purpose. (6) The applicants shall provide the respondent with access for the repairs in Order (5), subject to 72 hours emailed notice. Should the applicants fail to grant all access requests made by the respondent within 60 days of the date of these orders, Order (5) shall lapse. (7) All works shall be completed during reasonable daytime working hours. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Trees adjacent boundary – repeated pipe blockages – are respondent's trees causing damage – s 12 considerations – compensation ordered Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2 ss 7, 10, 12 Cases Cited: Ball v Bahramali [2010] NSWLEC 133 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Category: Principal judgment Parties: Helen Cattanach (First Applicant) Scott Cattanach (Second Applicant) Sandria Claire Butler (Respondent) Representation: Counsel: J Carroll (Solicitor) (Applicants) S Butler (Self-represented) (Respondent)