NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Langdon v Byok [2007] NSWLEC 554
APPLICANT L. A. and D.H. Langdon PARTIES : RESPONDENT V. and I. Byok
FILE NUMBER(S) : 20544 of 2007
CORAM: Hussey C
KEY ISSUES: Trees (Neighbours) - Neighbour Application :- damage to sewage pipes caused by tree roots
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
DATES OF HEARING: 29/08/2007
EX TEMPORE JUDGMENT DATE : 29 August 2007
APPLICANT L. A. and D.H. Langdon, litigants in person LEGAL REPRESENTATIVES:
RESPONDENT I. Byok, litigant in person
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
29 August 2007
20544 of 2007 L. A. and D.H. Langdon v V. and I. Byok This decision was given extemporaneously. It has been revised and edited prior to publication.
JUDGMENT 1 This matter involves an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act). The application is made by Mr & Mrs Langdon, who reside at 48 Hollywood Crescent, Willoughby concerning a tree on the adjoining property (No 46) owned by Mr & Mrs Byok.
2 The tree, which is the subject of this application has been identified as a Fiddlewood tree (tree) and it is located in the rear yard of No 46 adjacent to the sewer main and sewer service.
3 The applicants claim that the roots from this tree entered and caused damage to their sewer service line necessitating excavation and repair by a licensed plumber. The cost of carrying out this repair work was $5148.
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