Ambour v Micdomjon Pty Limited [2012] NSWLEC 1041

Land and Environment Court New South Wales

Medium Neutral Citation: Ambour v Micdomjon Pty Limited [2012] NSWLEC 1041 Hearing dates: 13 February 2012 Decision date: 24 February 2012 Jurisdiction: Class 2 Before: Fakes C Decision: Application upheld in part; compensation ordered Catchwords: TREES [NEIGHBOURS] compensation for damage to sewer; issue of notification; apportionment Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Stanberg v Adams [2010] NSWLEC 1129 Black v Johnson (No 2) [2007] NSWLEC 513 Category: Principal judgment Parties: J & M Ambour (Applicants) Micdomjon Pty Limited (Respondent) Representation: Applicant: Mr A Hourigan (Barrister) Respondent: Mr S Boesen (Solicitor) Applicant: Walker Legal & Conveyancing Respondent: Shane Boesen Solicitors File Number(s): 21024 of 2011

Judgment 1COMMISSIONER: This is an application made under s 7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) made by the owners of a property in Taree against the owners of an adjoining property. 2The applicants are seeking orders for compensation of a sum of $8,423.25 for the replacement of a length of sewer and concrete pathway they say was necessitated by incursion of roots from a tree or trees growing on the respondent's property. $6,553.25 is for plumbing work already completed. The remaining sum of $1,870 is for the replacement of the concrete path that was removed in order to carry out the plumbing work. 3The applicants also seek orders for the respondent to pay the applicants' costs. In this regard, Commissioners do not have the jurisdiction to award such costs and a separate application must be made. 4The respondent's property is a vacant block in a residential subdivision. Seven mature eucalypts on the respondent's property have been removed at a cost of $5,710. The respondent did this after the rectification works were completed. 5The respondent's alternative orders are that the respondent will contribute 40% of the cost of the plumbing and concreting, the applicants are to reimburse the respondent 50% of the cost of removing the trees ($2,855), with the result being the respondent will pay the applicants $514.30. 6The applicants reject the respondent's offer.