Samuel v Euston [2012] NSWLEC 1323

Land and Environment Court New South Wales

Medium Neutral Citation: Samuel v Euston [2012] NSWLEC 1323 Hearing dates: 26 October 2012 Decision date: 26 November 2012 Jurisdiction: Class 2 Before: Galwey AC Decision: The respondents are to pay the applicants a sum of $4,080 within 60 days of the date of these orders. Catchwords: TREES [NEIGHBOURS] Damage to property; sewer pipes; some works part of previous orders; compensation ordered. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: P. Baer Investments Pty Limited v University of New South Wales [2007] NSWLEC 128 Samuel v Euston [2012] NSWLEC 1094 Category: Principal judgment Parties: William and Rhonda Samuel (Applicants)

Greg and Jan Euston (Respondents) Representation: William and Rhonda Samuel (Applicants) Self-represented litigants

Greg Euston (Respondent) Self-represented litigant File Number(s): 20768 of 2012

Judgment 1COMMISSIONER: William and Rhonda Samuel, of Dapto, applied to the Land and Environment Court of NSW ("the Court") in 2011 seeking orders regarding neighbouring trees and compensation for damage caused by those trees. The matter was heard on 10 February 2012 (Samuel v Euston [2012] NSWLEC 1094). On 1 March 2012 the Court gave orders for Greg and Jan Euston, the owners of the land on which the trees grow, to engage a plumber to replace a section of the Samuels' sewer. The Eustons were also ordered to reimburse the Samuels for the cost of some works already completed. 2Subsequent negotiations between the parties, regarding the appropriate manner in which the works should be carried out, took some time. However, before the ordered works were undertaken, the Samuels' sewer became blocked and, they say, required urgent repairs. The Samuels engaged a plumber to carry out repair works. As the plumber undertook the necessary investigation, the scope of the works required became somewhat extensive. The Samuels say that this was due to damage caused by roots from the Eustons' fig trees. 3In a new application to the Court, under s 7 of the Trees (Disputes Between Neighbours) Act 2006 ("the Act"), they now seek orders for the Eustons to compensate them for $11,665.71, the cost of the works. A portion of this amount relates to works that were included in the Court's earlier orders; the remainder is for works to other sections of the pipe that were not part of the earlier application. 4The Eustons accept that roots from their trees have caused damage. They are willing to pay part of the amount sought but not the full amount. They say they were denied the opportunity to obtain quotes for the works and were not kept informed in a timely manner of the Samuels' sewer problems, the scope of the works or the progress of those works. They also dispute the extent of damage caused by tree roots.