Panjratan v Chang [2008] NSWLEC 1136

Land and Environment Court of New South Wales

CITATION : Panjratan v Chang [2008] NSWLEC 1136

APPLICANT Sulabha Panjratan PARTIES : RESPONDENT Susan Chang

FILE NUMBER(S) : 21302 of 2007

CORAM: Fakes AC

KEY ISSUES: Trees (Neighbours) :- removal of three trees, damage to property

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 26/03/2008

EX TEMPORE JUDGMENT DATE : 26 March 2008

APPLICANT Dr Mrs S. Panjratan, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT Ms S. Chang, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes AC

26 March 2008

21302 of 2007 Sulabha Panjratan v Susan Chang (originally filed as Panjratan v Magnuson)

JUDGMENT 1 This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Mrs Sulabha Panjratan of 11 Wistaria Place Baulkham Hills for the removal of three trees from the property owned by Ms Susan Chang of 9 Wistaria Place Baulkham Hills. This application was originally made against the previous owner of 9 Wistaria Place, Mr Peter Magnuson. The property changed hands in January 2008 when these proceedings had commenced. The respondent was assisted at the on-site hearing by a friend, Mr John Drinkwater, as English is not Ms Chang's first language.

2 The applicant is seeking the removal of three trees, a Jacaranda mimosifolia, Morus sp. (Mulberry) and Macadamia sp. growing in the rear garden of 9 Wistaria Place within 0.5 to 2 m from the boundary fence she shares with Ms Chang. Mrs Panjratan wants the trees removed because she contends that roots from these trees have blocked her sewer on numerous occasions since 1990. The last five occasions were documented as January 2001, July 2005, September 2005, November 2005 and 4th July 2006. On the last two occasions, the previous owner of 9 Wistaria Place cleared the applicant's sewer but no roots were kept.