Yorke v Ahluwalia [2012] NSWLEC 1204

Land and Environment Court New South Wales

Medium Neutral Citation: Yorke v Ahluwalia [2012] NSWLEC 1204 Hearing dates: 27 July 2012 Decision date: 27 July 2012 Jurisdiction: Class 2 Before: Galwey AC Decision: (1)The application is upheld in part. (2)The respondent is to pay the applicant $770 within 14 days of the date of these orders. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) - damage to property; sewer pipes; compensation ordered Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category: Principal judgment Parties: Mrs Barbara Yorke (Applicant)

Mr Vikram Ahluwalia (Respondent) Representation: Mr Paul Vaughan (Agent for the Applicant)

Mr Vikram Ahluwalia (Respondent in person) File Number(s): 20378 of 2012

Judgment This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1ACTING COMMISSIONER: Mrs Yorke has had sewer pipes in the rear garden of her Quakers Hill property repaired on two occasions: the first in December 2006; the second in October 2011. She says the damage was caused by roots of a neighbouring Lilly Pilly tree. She has applied to the Court under the Trees (Disputes Between Neighbours) Act 2006 seeking orders for compensation for the cost of those works. 2Mr Ahluwalia, the respondent in this matter, had the tree removed last year. 3The parties disagree on when Mrs Yorke first notified Mr Ahluwalia that roots from his tree may have damaged her pipes. I must determine if the Court has jurisdiction to make orders and, if so, what amount of compensation would be appropriate.