Bruggemann v Coull [2008] NSWLEC 1124

Land and Environment Court of New South Wales

CITATION : Bruggemann v Coull [2008] NSWLEC 1124

APPLICANT Joan Bruggemann PARTIES : RESPONDENT Paul and Roslyn Coull

FILE NUMBER(S) : 20041 of 2008

CORAM: Thyer AC - Watts AC

KEY ISSUES: Neighbour Application - Trees (Neighbours) :- Removal of trees, compensation for damage

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 20/03/2008

EX TEMPORE JUDGMENT DATE : 20 March 2008

APPLICANT Joan Bruggemann, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT Paul and Roslyn Coull, litigants in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC with Watts AC

20 March 2008

20041 of 2008

Joan Bruggemann v Paul and Roslyn Coull

JUDGMENT The decision was given at the hearing on 20 March 2008. This written judgment reflects the findings and the background documentation provided as part of the proceedings. 1 ACTING COMMISSIONERS: Mrs Bruggemann says she was the first in her area of Heathcote to have PVC sewer pipes installed. She later had a swimming pool constructed beside that pipe, in the hollow below the rock escarpment, in her backyard. Extensive excavation was required in the solid rock, and the concrete pool was installed within 300 mm of the sewer pipe. Twenty-five years later, the sewer became blocked by a mass of fine tree roots that we were told had entered at a faulty junction in the pipe beside the pool. Mrs Bruggemann has had disagreements for some years, with her neighbours the Coulls about a retaining wall and fence beside the pool. It is now her opinion that the Bottlebrush tree growing on the Coull's property has caused the sewer blockage and she is concerned that the roots of a gum tree on their property may damage her pool if it were to fall.