Moutia v Jarrett [2013] NSWLEC 1129

Land and Environment Court New South Wales

Medium Neutral Citation: Moutia v Jarrett [2013] NSWLEC 1129 Hearing dates: 19 July 2013 Decision date: 19 July 2013 Jurisdiction: Class 2 Before: Fakes C; Galwey AC Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] Damage to property; compensation for sewer repairs; period over which respondent owned the property Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Cincotta v Huang & ors [2011] NSWLEC 1086 Hinde v Anderson & anor [2009] NSWLEC 1148 McCallum v Riodan & anor [2011] NSWLEC 1009 Robson v Leischke [2008] NSWLEC 152 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Thornberry & anor v Packer & anor [2010] NSWLEC 1069 Yang v Scerri [2007] NSWLEC 592 Zangari v Miller (No 2) [2010] NSWLEC 1093 Category: Principal judgment Parties: Mr L Moutia (Applicant) Mr A Jarrett (Respondent) Representation: Applicant: Mr L Moutia (Litigant in person) Respondent: Mr A Jarrett (Litigant in person) File Number(s): 20270 of 2013

Judgment This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1COMMISSIONERS: The applicant in these proceedings is seeking orders for the removal of a tree growing on a neighbouring property as well as compensation for repairs to his sewer that he contends was damaged by the tree's roots. The amount claimed for plumbing costs is $4617.50. 2The applicant also seeks reimbursement for an arborist's report. Commissioners do not have the jurisdiction to award such costs. Should the applicant wish to pursue this, a Notice of Motion will have to be heard by a Judge or Registrar of the Court. 3 The respondent wishes to retain the tree and disputes his liability for the repairs to the sewer. 4The application is made under s 7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act).