Knox v Love (No 2) [2011] NSWLEC 1277

Land and Environment Court New South Wales

Medium Neutral Citation: Knox v Love (No 2) [2011] NSWLEC 1277 Hearing dates: 16 September 2011 Decision date: 27 September 2011 Jurisdiction: Class 2 Before: Dixon C Galwey AC Decision: 1. The application is upheld in part. 2. The applicants are to cut and remove a maximum of 6 tree roots within the 13.5m2 paved area, up to a diameter of 100mm including the root that grows beneath the dwelling at the family room door. 3. Roots are to be cut no more than 200mm from west of the sewer pipe on the applicants' property. 4. The works in orders 2 and 3 are to be done by an arborist with minimum AQF Level 3 and all appropriate insurances within 21 days of the date of these orders. 5. The respondents are to pay the applicants the sum of $5000 compensation within 21 days of the date of this order. 6. The applicants are to carry out ongoing pruning, when necessary, to the six roots nominated in order 2 as specified in order 3. Catchwords: TREES - damage to property; damage to sewers, stormwater drains, paving and walls; quantification of damage Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Hinde v Anderson & Anor [2009] NSWLEC 1148 Knox v Love [2011] NSWLEC 1257 Robson v Leischke [2008] NSWLEC 152; 159 LGERA 280 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Category: Principal judgment Parties: Mr A Knox (Applicant) Ms J Knox (Applicant)