Gan v Anderson & anor [2008] NSWLEC 1257

Land and Environment Court of New South Wales

CITATION : Gan v Anderson & anor [2008] NSWLEC 1257

APPLICANTS Eddie & Patti Gan PARTIES : RESPONDENTS Ian Anderson & Nicole Field

FILE NUMBER(S) : 20295 of 2008

CORAM: Moore C - Thyer AC

Trees (Neighbours) :- KEY ISSUES: Roots in sewer pipe Delay in giving notice

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Briginshaw v Briginshaw (1938) 60 CLR 336 Robson v Leischke [2008] NSWLEC 152

DATES OF HEARING: 24 June 2008

EX TEMPORE JUDGMENT DATE : 24 June 2008

APPLICANTS In person LEGAL REPRESENTATIVES: RESPONDENTS In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C THYER AC

24 June 2008

08/20295 Eddie & Patti Gan v Ian Anderson & Nicole Field

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: Mr and Ms Gan live at 9 Coronation Street, Eastwood and Mr Anderson and Ms Field own 9 Coronation Street, the property immediately to the south. The domestic sewer line connecting the Gans' property to the Sydney Water sewer runs under a concrete pathway along the southern boundary of their property adjoining Mr Anderson and Ms Field's property.