Kontrafouris v Ginter [2022] NSWLEC 1553

Kontrafouris v Ginter [2022] NSWLEC 1553

Jasmine roots from the Respondents' property contributed to damage to the Applicants' terracotta sewer pipe, triggering jurisdiction under s 10(2). While Respondents not liable for repairs already completed, they must contribute to future relining or replacement of the pipe, capped at the lesser of $1,000 or 10% of the cost if works are undertaken within 6 months.

Jurisdiction
Australia
Judgment Date
12 October 2022
Procedural Posture
Pt 2 Application Under Trees (disputes Between Neighbours) Act 2006 / Final Hearing and Judgment
Outcome
Application granted in part
Legal Topics
['tree Disputes Between Neighbours' 'damage to Sewer Pipes' 'root Ingress' 'compensation for Repairs']
['property' 'environmental'] ['tree Disputes Between Neighbours' 'damage to Sewer Pipes' 'root Ingress' 'compensation for Repairs']

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Procedural Posture

Pt 2 Application Under Trees (disputes Between Neighbours) Act 2006 / Final Hearing and Judgment

Legal Issues

  1. 1 ["Whether jasmine vine roots from Respondents' property caused damage to Applicants' sewer pipe" 'Whether Respondents are liable to contribute to repairs' 'Appropriate orders under Trees (Disputes Between Neighbours) Act 2006']

Ratio Decidendi

Jasmine roots from the Respondents' property contributed to damage to the Applicants' terracotta sewer pipe, triggering jurisdiction under s 10(2). While Respondents not liable for repairs already completed, they must contribute to future relining or replacement of the pipe, capped at the lesser of $1,000 or 10% of the cost if works are undertaken within 6 months.

Court Disposition

Application granted in part

Orders

  • ['If Applicants undertake relining or replacement of terracotta sewer pipe along shared boundary within 6 months, Respondents to pay Applicants the lesser of $1,000 or 10% of works cost, within 28 days of being provided with a receipted account.' "If receipted account not provided within 6 months, Respondents'...