Harvey v Darley Trading Pty Limited

Land and Environment Court New South Wales Medium Neutral Citation: Harvey v Darley Trading Pty Limited [2015] NSWLEC 1488 Hearing dates:25 November 2015Date of orders: 25 November 2015 Decision date: 25 November 2015 Jurisdiction:Class 2Before: Fakes C Decision: Application upheld; tree to be removed see [14]. Catchwords: TREES [NEIGHBOURS] Damage to property; ongoing sewer blockage Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category:Principal judgmentParties: Mr Richard Harvey (Applicant) Darley Trading Pty Limited (Respondent) Representation: Applicant: Mr R Harvey (Litigant in person) Respondent: Dr P Conway (Solicitor)   Solicitors: Respondent: Tribe, Conway and Company File Number(s):20687 of 2015Judgment COMMISSIONER: The applicant owns a property in Paddington. He has applied under s 7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) for orders seeking the removal of a Casuarina glauca (Swamp Oak) growing in the front yard of the adjoining property to the east. The application also seeks orders for compensation from the respondent for past plumbing costs, and if the tree is not removed, the cost of rectifying the sewer. The orders are sought on the basis that the roots of the tree have caused, are causing, and will continue to cause, blockage of the applicant’s sewer and have started lifting and displacing pavers in a rear courtyard. The respondent does not oppose the order to remove the tree but proposes that the claim for compensation and rectification be dismissed. The respondent supports the removal of the tree on the basis that roots from the tree have...