Song v Hackney

Land and Environment Court New South Wales Medium Neutral Citation: Song v Hackney [2016] NSWLEC 1512 Hearing dates:24 October 2016Date of orders: 02 November 2016 Decision date: 02 November 2016 Jurisdiction:Class 2Before: Fakes AC Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] Damage to property; sewer blockage; compensation; adequacy of evidence Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Robson v Leischke [2008] NSWLEC 152 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Yang v Scerri [2007] NSWLEC 592 Category:Principal judgmentParties: Olivia Yan Song (Applicant) Michelle Hackney (Respondent) Representation: Applicant: Ms V McWilliam (Barrister) Respondent: Mr D Williams (Solicitor)     Solicitors: Applicant: Juris Cor Legal Respondent: Whitehead Cooper Williams File Number(s):199993 of 2016Judgment COMMISSIONER: The applicant, Ms Song, has applied under s 7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (Trees Act) for orders seeking the removal of two Liquidambar trees and the payment of $63,729.20 for losses arising from, or incidental to, damage to her property allegedly caused by the trees. The damage is said to be damage to the applicant’s sewer pipes. Ms Song is also concerned that if the trees are not removed, then it is very likely that roots from the trees will infiltrate the pipes and cause them to burst again. The trees, the subject of the application, are located on Ms Hackney’s property close to the common boundary. Tree 1 is growing in the front garden; Tree 2 was, until September 2016, growing in the back garden approximately 10m to...