Rootes v Parmeter

[2007] NSWLEC 444

Land and Environment Court

of New South Wales

CITATION:	Rootes v Parmeter [2007] NSWLEC 444
PARTIES:	APPLICANT Hazel Rootes RESPONDENT Mathew Parmeter
FILE NUMBER(S):	20224 of 2007
CORAM:	Moore C
KEY ISSUES:	Trees (Neighbours) - Neighbour Application :- Compensation
CASES CITED:	Barker v Kyriakides [2007] NSWLEC 292
DATES OF HEARING:	16 July 2007
EX TEMPORE JUDGMENT DATE:	16 July 2007
LEGAL REPRESENTATIVES:	APPLICANT Mr K Rootes, agent RESPONDENT In person

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

MOORE C

16 July 2007

07/20224 Hazel Rootes v Mathew Parmeter

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

1 COMMISSIONER: I determine that the compensation claim by the applicant by deciding that the sum of $165 for the account for sewer line clearing rendered by and paid to Frank Bleechmore Plumbing is to be reimbursed by the respondent; that sixty per cent of the account rendered by and paid to Peter Kinsela Plumbing for work done to replace a section of the sewer pipe be paid for the respondent (the apportionment arising as a consequence of the fact that the sewer pipes were accepted to be terracotta and constructed some thirty or so years ago – it being appropriate on the age, method of construction and the likely useful life of those pipes that there should be a sixty per cent apportionment in favour of the applicant and a forty per cent apportionment in favour of the respondent); and that the quotation for leaf cleaning and the like from the house gutters and downpipes is disallowed on the basis I am satisfied that I should apply the Tree Dispute Principle set out in Barker v Kyriakides [2007] NSWLEC 292. As a consequence of the foregoing, there will be an order that the respondent is to pay the applicant the sum of $546.48 within thirty days of the date of the orders of the Court.

Commissioner of the Court