The Land and Environment Court of New South Wales ordered Homes NSW to pay A$6,253.50 and coordinate the removal of invasive running bamboo that blocked Henry Wines’ terracotta sewer line. Acting Commissioner Austin delivered the verdict on September 29, 2026, in the case Wines v Homes NSW, marking the end of a bitter dispute between neighbors on Rymill Road in Tregear. The court found the bamboo, which spread beneath the shared boundary fence, had caused actual damage and posed a high risk of future blockages.
Wines argued the plant’s rhizomes had displaced his Colorbond fence and threatened his dwelling’s structure. While the court accepted the sewer blockage and fence pressure claims, it rejected the allegation that the bamboo caused visible dents in the fence or immediate structural risk to the house. Acting Commissioner Austin noted that reduced backyard enjoyment does not constitute “damage to property” under the Trees (Disputes Between Neighbours) Act 2006. The legal threshold was met, however, because the plant was likely to cause further, immediate harm.
The most contentious part of the ruling involved a A$3,500 claim for plumbing repairs carried out in 2024. The court denied this reimbursement because Homes NSW was not notified of the issue until April 2026. Austin ruled that the neighbor could not be held liable for costs incurred years earlier without timely notice. This rejection serves as a stark warning for homeowners: documenting damage and notifying neighbors immediately is critical to securing financial redress.
Rather than a single eradication order, the court mandated a staged, cooperative removal plan. Homes NSW must provide contractor details and begin works within 60 days. Wines is simultaneously required to engage the same contractor for treatment on his own property. This coordinated approach addresses the biological reality of running bamboo—if roots remain active on either side of the fence, the plant will simply return. The court declined to order a root barrier, focusing instead on a sustained treatment program over an extended period.