Harvey v Harding [2007] NSWLEC 489

Land and Environment Court of New South Wales

CITATION : Harvey v Harding [2007] NSWLEC 489

APPLICANT Marcia Harvey PARTIES : RESPONDENT Muriel Harding

FILE NUMBER(S) : 20469 of 2007

CORAM: Moore C - Roseth SC - Fakes AC

KEY ISSUES: Trees (Neighbours) - Neighbour Application :- Blocked sewer

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 19 July 2007

EX TEMPORE JUDGMENT DATE : 19 July 2007

APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENT In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C ROSETH SC FAKES AC

19 July 2007

07/20469 Marcia Harvey v Muriel Harding

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. The consequence of the Court's decision in this application is the making of formal orders pursuant to s 9 of the Trees (Disputes Between Neighbours) Act 2006 . These orders are not reproduced as part of this decision but a copy the Court's Orders may be obtained from the Court's registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders are available on the Court's web site at http://www.lawlink.nsw.gov.au/lec/

1 COMMISSIONERS: This is an application made pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) made by Ms Harvey of 59 Penshurst Street, Penshurst concerning blockages to her sewer which she says are occasioned by tree roots emanating from a property at 538 Forest Road, Penshurst owned by Ms Harding. 2 The application seeks an order for the removal of a Camphor Laurel tree (Cinnamomum camphora)and for compensation for work undertaken to her sewer line.