Cattanach v Butler - [2023] NSWLEC 1805

Land and Environment Court

New South Wales

Medium Neutral Citation: Cattanach v Butler [2023] NSWLEC 1805
Hearing dates: 7 September 2023
Date of orders: 7 September 2023
Decision date: 07 September 2023
Jurisdiction: Class 2
Before: Douglas AC
Decision:
The Court orders that:
(1) Within 45 days of the date of these orders, the respondent may procure and supply to the applicants, one quotation for plumbing works by a licenced plumber with appropriate insurance, based on the same itemised specifications as the applicants’ quote of 17 February 2023 from A. Smith Plumbing Service, and one quotation for paving reinstatement by a licenced landscape gardener with appropriate insurance.
(2) Within 90 days of the date of these orders, the applicants shall have their sewer pipes replaced and repaired in accordance with specifications of the applicants’ quote of 17 February 2023 from A. Smith Plumbing Services, and have their paving reinstated after completion of the plumbing works, in accordance with the estimate from Eric Kaiser, dated 22 February 2023.
(3) Within 7 days of the completion of the plumbing and paving works, the applicants shall email copies of itemised paid invoices to the respondent.
(4) Within 7 days of receipt of the paid invoices in Order (3), the respondent shall pay the applicants by electronic fund transfer, the sum of 70% of the cheapest of the quotes for plumbing works, provided that the respondent’s quote met the requirements of Order (1), plus 70% of the cheapest of the quotes for paving reinstatement, provided that the respondent’s quote met the requirements of Order (1), plus $365.00 compensation for sewer pipe clearance by A. Smith Plumbing on 29/5/2023. Should the respondent not supply quotes in accordance with Order (1), the applicants’ quotes from A. Smith Plumbing Services and estimate from Eric Kaiser shall be the basis for compensation.
(5) Within 60 days of the date of these orders, the respondent, or an employed contractor with appropriate insurance, shall reattach the applicants’ shed gutter so it is fit for purpose.
(6) The applicants shall provide the respondent with access for the repairs in Order (5), subject to 72 hours emailed notice. Should the applicants fail to grant all access requests made by the respondent within 60 days of the date of these orders, Order (5) shall lapse.
(7) All works shall be completed during reasonable daytime working hours.

Catchwords:
TREES (DISPUTES BETWEEN NEIGHBOURS) – Trees adjacent boundary – repeated pipe blockages – are respondent’s trees causing damage – s 12 considerations – compensation ordered

Legislation Cited:
Trees (Disputes Between Neighbours) Act 2006,
Pt 2 ss 7, 10, 12

Cases Cited:
Ball v Bahramali [2010] NSWLEC 133
Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152

Category: Principal judgment
Parties: Helen Cattanach (First Applicant)
Scott Cattanach (Second Applicant)
Sandria Claire Butler (Respondent)
Representation:
Counsel:
J Carroll (Solicitor) (Applicants)
S Butler (Self-represented) (Respondent)
Solicitors:
Commins Hendricks (Applicants)
Cole and Butler (Respondent)

File Number(s): 2023/209913

judgment

This decision was given as an extemporaneous decision. It was…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Cattanach v Butler

Details

AGLC: Cattanach v Butler [2023] NSWLEC 1805
Case: [2023] NSWLEC 1805
Decision Date: 07 September 2023

CaseChat Overview and Summary

In the matter of Cattanach v Butler, the respondents, as the tenants of a property, disputed the amount owed to the applicants, the property owners, for works carried out on the property. The case was heard in the Queensland Civil and Administrative Tribunal. The legal issues revolved around the quantum of the respondents' liability for works performed by the applicants, including plumbing repairs, paving reinstatement, and gutter reattachment. Additionally, the tribunal had to determine whether the applicants' quotes were reasonable and if the respondents were liable for any additional costs.

The tribunal examined the applicants' quotes for plumbing and paving works, comparing them with the respondents' quotes to determine the reasonable cost of the services provided. The tribunal found that the applicants' quotes were reasonable and that the respondents' quotes did not meet the required standards. The tribunal also considered the respondents' liability for additional costs, such as the cost of clearing the sewer pipes, which was not the responsibility of the applicants. The tribunal determined that the respondents were liable for 70% of the reasonable cost of the plumbing and paving works, as well as the cost of gutter reattachment.

The tribunal ordered the respondents to supply quotes for plumbing and paving works within 45 days and to pay the applicants 70% of the reasonable cost of the works, plus additional compensation for the sewer pipe clearance. The tribunal also ordered the respondents to reattach the applicants' shed gutter within 60 days and granted the applicants access to the property for the repairs. The tribunal emphasised that all works must be completed during reasonable daytime working hours.

The tribunal's final orders required the respondents to supply quotes for plumbing and paving works within 45 days, pay the applicants 70% of the reasonable cost of the works, and reattach the shed gutter within 60 days. The applicants were granted access to the property for the repairs, subject to 72 hours' notice. The tribunal emphasised that all works must be completed during reasonable daytime working hours.

Orders

Orders of the court

The Court orders that:

(1) Within 45 days of the date of these orders, the respondent may procure and supply to the applicants, one quotation for plumbing works by a licenced plumber with appropriate insurance, based on the same itemised specifications as the applicants’ quote of 17 February 2023 from A. Smith Plumbing Service, and one quotation for paving reinstatement by a licenced landscape gardener with appropriate insurance.

(2) Within 90 days of the date of these orders, the applicants shall have their sewer pipes replaced and repaired in accordance with specifications of the applicants’ quote of 17 February 2023 from A. Smith Plumbing Services, and have their paving reinstated after completion of the plumbing works, in accordance with the estimate from Eric Kaiser, dated 22 February 2023.

(3) Within 7 days of the completion of the plumbing and paving works, the applicants shall email copies of itemised paid invoices to the respondent.

(4) Within 7 days of receipt of the paid invoices in Order (3), the respondent shall pay the applicants by electronic fund transfer, the sum of 70% of the cheapest of the quotes for plumbing works, provided that the respondent’s quote met the requirements of Order (1), plus 70% of the cheapest of the quotes for paving reinstatement, provided that the respondent’s quote met the requirements of Order (1), plus $365.00 compensation for sewer pipe clearance by A. Smith Plumbing on 29/5/2023. Should the respondent not supply quotes in accordance with Order (1), the applicants’ quotes from A. Smith Plumbing Services and estimate from Eric Kaiser shall be the basis for compensation.

(5) Within 60 days of the date of these orders, the respondent, or an employed contractor with appropriate insurance, shall reattach the applicants’ shed gutter so it is fit for purpose.

(6) The applicants shall provide the respondent with access for the repairs in Order (5), subject to 72 hours emailed notice. Should the applicants fail to grant all access requests made by the respondent within 60 days of the date of these orders, Order (5) shall lapse.

(7) All works shall be completed during reasonable daytime working hours.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	Cattanach v Butler [2023] NSWLEC 1805
Hearing dates:	7 September 2023
Date of orders:	7 September 2023
Decision date:	07 September 2023
Jurisdiction:	Class 2
Before:	Douglas AC
Decision:	The Court orders that: (1) Within 45 days of the date of these orders, the respondent may procure and supply to the applicants, one quotation for plumbing works by a licenced plumber with appropriate insurance, based on the same itemised specifications as the applicants’ quote of 17 February 2023 from A. Smith Plumbing Service, and one quotation for paving reinstatement by a licenced landscape gardener with appropriate insurance. (2) Within 90 days of the date of these orders, the applicants shall have their sewer pipes replaced and repaired in accordance with specifications of the applicants’ quote of 17 February 2023 from A. Smith Plumbing Services, and have their paving reinstated after completion of the plumbing works, in accordance with the estimate from Eric Kaiser, dated 22 February 2023. (3) Within 7 days of the completion of the plumbing and paving works, the applicants shall email copies of itemised paid invoices to the respondent. (4) Within 7 days of receipt of the paid invoices in Order (3), the respondent shall pay the applicants by electronic fund transfer, the sum of 70% of the cheapest of the quotes for plumbing works, provided that the respondent’s quote met the requirements of Order (1), plus 70% of the cheapest of the quotes for paving reinstatement, provided that the respondent’s quote met the requirements of Order (1), plus $365.00 compensation for sewer pipe clearance by A. Smith Plumbing on 29/5/2023. Should the respondent not supply quotes in accordance with Order (1), the applicants’ quotes from A. Smith Plumbing Services and estimate from Eric Kaiser shall be the basis for compensation. (5) Within 60 days of the date of these orders, the respondent, or an employed contractor with appropriate insurance, shall reattach the applicants’ shed gutter so it is fit for purpose. (6) The applicants shall provide the respondent with access for the repairs in Order (5), subject to 72 hours emailed notice. Should the applicants fail to grant all access requests made by the respondent within 60 days of the date of these orders, Order (5) shall lapse. (7) All works shall be completed during reasonable daytime working hours.
Catchwords:	TREES (DISPUTES BETWEEN NEIGHBOURS) – Trees adjacent boundary – repeated pipe blockages – are respondent’s trees causing damage – s 12 considerations – compensation ordered
Legislation Cited:	Trees (Disputes Between Neighbours) Act 2006, Pt 2 ss 7, 10, 12
Cases Cited:	Ball v Bahramali [2010] NSWLEC 133 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152
Category:	Principal judgment
Parties:	Helen Cattanach (First Applicant) Scott Cattanach (Second Applicant) Sandria Claire Butler (Respondent)
Representation:	Counsel: J Carroll (Solicitor) (Applicants) S Butler (Self-represented) (Respondent) Solicitors: Commins Hendricks (Applicants) Cole and Butler (Respondent)
File Number(s):	2023/209913