Rootes v Parmeter [2007] NSWLEC 444

Rootes v Parmeter [2007] NSWLEC 444

The respondent was required to reimburse the applicant $165 for the sewer line clearing account and to pay 60 per cent of the Peter Kinsela Plumbing account for replacement of a section of sewer pipe, because the accepted age, terracotta construction and likely useful life of the sewer pipes justified a 60 per cent apportionment in favour of the applicant; the quotation for leaf cleaning from gutters and downpipes was disallowed applying Barker v Kyriakides [2007] NSWLEC 292.

Jurisdiction
Australia
Judgment Date
16 July 2007
Procedural Posture
Trees (neighbours) Neighbour Application / Ex Tempore Judgment
Outcome
Compensation claim allowed in part.
Legal Topics
['neighbour Application' 'compensation' 'sewer Line Clearing' 'sewer Pipe Replacement' 'leaf Cleaning From Gutters and Downpipes']
['trees (neighbours)'] ['neighbour Application' 'compensation' 'sewer Line Clearing' 'sewer Pipe Replacement' 'leaf Cleaning From Gutters and Downpipes']

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Procedural Posture

Trees (neighbours) Neighbour Application / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the respondent should reimburse the applicant for sewer line clearing costs.' 'Whether the respondent should pay part of the cost of replacing a section of sewer pipe.' 'Whether the quotation for leaf cleaning from house gutters and downpipes should be allowed.']

Ratio Decidendi

The respondent was required to reimburse the applicant $165 for the sewer line clearing account and to pay 60 per cent of the Peter Kinsela Plumbing account for replacement of a section of sewer pipe, because the accepted age, terracotta construction and likely useful life of the sewer pipes justified a 60 per cent apportionment in favour of the applicant; the quotation for leaf cleaning from gutters and downpipes was disallowed applying Barker v Kyriakides [2007] NSWLEC 292.

Court Disposition

Compensation claim allowed in part.

Orders

  • ['The respondent is to pay the applicant the sum of $546.48 within thirty days of the date of the orders of the Court.']