Hayden v Brown (No 2) [2023] NSWLEC 1560

Land and Environment Court New South Wales

Medium Neutral Citation: Hayden v Brown (No 2) [2023] NSWLEC 1560 Hearing dates: 5 June 2023 Date of orders: 25 September 2023 Decision date: 25 September 2023 Jurisdiction: Class 2 Before: Senior Deputy Registrar Holm Decision: The orders of the Court are: (1) The respondents are to pay the applicant's legal costs of the proceedings, as agreed or as assessed. (2) The respondents are to pay the applicant's costs of the arborist report in the sum of $2,112.00. (3) The respondents are to pay the applicant's costs of the notice of motion, as agreed or as assessed. (4) The respondents are to pay the filing fees of the originating process and notice of motion in the sum of $743.00. Catchwords: COSTS – tree dispute – whether costs of proceedings fair and reasonable – whether unreasonable conduct in circumstances leading up to litigation – whether acted unreasonably in conduct of proceedings – costs order made for costs of proceedings and successful motion for costs Legislation Cited: Civil Procedure Act 2005, s 98 Land and Environment Court Rules 2007, r 3.7 Trees (Disputes Between Neighbours) Act 2006, Pt 2 Cases Cited: Arden Anglican School v Hornsby Shire Council (2008) 158 LGERA 224; [2008] NSWLEC 103 Bailey v Gould (No 2) [2011] NSWLEC 103 Fox v Ginsberg (No 3) [2011] NSWLEC 139 Grant v Kiama Municipal Council [2006] NSWLEC 70 Hayden v Brown [2023] NSWLEC 1060 Marks v Perham (No 2) [2020] NSWLEC 84 The Owners – Strata Plan 46498 v Evagelakos [2022] NSWLEC 115 Tou v Maskiney [2010] NSWLEC 105 Texts Cited: Land and Environment Court, Practice Note – Class 2 Tree Applications, 2018 Category: Costs Parties: William Evan Hayden (Applicant) Phillip William Brown (First Respondent) Jennifer Joy Brown (Second Respondent) Representation: S Cunningham (Solicitor) (Applicant) No appearance (Respondents)