Gaicheri v Hanley [2009] NSWLEC 1159

Land and Environment Court of New South Wales

CITATION : Gaicheri v Hanley [2009] NSWLEC 1159

APPLICANT M Gaicheri PARTIES : RESPONDENT E Hanley

FILE NUMBER(S) : 20084 of 2009

CORAM: Moore SC - Fakes AC

KEY ISSUES: TREES (NEIGHBOURS) :-

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Robson v Leischke [2008] NSWLEC 152; (2008) LGERA 280

DATES OF HEARING: 21 April 2009

EX TEMPORE JUDGMENT DATE : 21 April 2009

APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENT In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE SC FAKES AC

21 April 2009

09/20084 Gaicheri v Hanley

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 COMMISSIONERS: This is an application made pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006. At the commencement of the hearing, without objection from the respondent, we granted leave to amend the application so that the application was being made in the name of the owner of 5 Stanley Street, Queens Park - being the mother of Mr Gaicheri who had originally made the application.

2 The application is in two parts. First, it seeks an order for the costs of remediation of damage that has already been occasioned to swimming pool plumbing together with the re-laying of a number of pavers and remedial works to be undertaken to a 100 mm clay sewer pipe running along the boundary of (but inside) 5 Stanley Street adjacent to the boundary with 7 Stanley St and also an order seeking works to prevent future damage being occasioned to the plumbing located on 5 Stanley Street.