Knight v Simmons [2018] NSWLEC 1231

Land and Environment Court New South Wales

Medium Neutral Citation: Knight v Simmons [2018] NSWLEC 1231 Hearing dates: 19 April 2018 Date of orders: 15 May 2018 Decision date: 15 May 2018 Jurisdiction: Class 2 Before: Galwey AC Decision: The application is dismissed. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to property including sewer pipes – terracotta sewer pipes – root identification – one of two trees has been removed – whether the remaining tree has caused damage – compensation sought for past pruning costs – compensation sought for sewer repair – reasonable attempt to reach agreement required at s 10(1) – notice of the application required at s 8 – self-represented litigant – could the respondents have prevented the damage Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 (NSW) Cases Cited: Colling v Wilson [2009] NSWLEC 1061 Robson v Leischke (2008) 72 NSWLR 98; (2008) 159 LGERA 280; [2008] NSWLEC 152 Texts Cited: Land and Environment Court of NSW, Practice Note Class 2 Tree Applications Category: Principal judgment Parties: Odette Knight (Applicant) Scott Simmons (First Respondent) Kylie Simmons (Second Respondent) Representation: O Knight, litigant in person (Applicant) M Gilbert, Counsel (Respondents)

Solicitors Elliot Tuthill Solicitors (Respondents) File Number(s): 2017/366805 Publication restriction: No

Judgment

Background 1. Mrs Knight ('the applicant') lives at her Woolooware property. Beneath the paved narrow thoroughfare between her dwelling and her side boundary is her sewer pipe. This boundary forms the rear boundary of the neighbouring property to her west, owned by the Simmons ('the respondents'). Two trees grew in the Simmons' back yard near the common boundary – one (a eucalypt) remains but the other (a lilly pilly) has been removed.