Wang v Geyer (No 2) [2024] NSWLEC 69

Land and Environment Court New South Wales

Medium Neutral Citation: Wang v Geyer (No 2) [2024] NSWLEC 69 Hearing dates: 26 June, 5 July 2024 Date of orders: 05 July 2024 Decision date: 05 July 2024 Jurisdiction: Class 2 Before: Pain J Decision: The Court orders: (1) The Applicants' notice of motion dated 12 June 2023 is dismissed. (2) Each party to pay their costs of the notice of motion dated 12 June 2023. (3) The Respondents' notice of motion filed 13 June 2024 is dismissed. (4) Each party to pay their costs of the notice of motion filed 13 June 2024. Catchwords: COSTS – tree dispute – no discouragement principle applied – no unreasonable behaviour in conduct of proceedings – improper purpose not established – no costs order made Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Dividing Fences Act 1991 (NSW), ss 9, 13A Trees (Disputes Between Neighbours) Act 2006 (NSW), ss 7, 10, 12 Land and Environment Court Rules 2007 (NSW), s 3.7 Cases Cited: Arden Anglican School v Hornsby Shire Council (2008) 158 LGERA 224; [2008] NSWLEC 103 Fox v Ginsberg (No 3) [2011] NSWLEC 139 Marks v Perham (No 2) [2020] NSWLEC 84 Popovac v Kennedy [2022] NSWLEC 9 Smith v Kaddour (No 2) [2018] NSWLEC 21 Wang v Geyer [2024] NSWLEC 1257 Category: Costs Parties: Mina Wang (First Applicant) Wei Ning Khaw (Second Applicant) Andre Geyer (First Respondent) Ashleigh Margaret Geyer (Second Respondent) Representation: Counsel: Mina Wang (Agent for the First Applicant, self-represented litigant Second Applicant) Nixon Hanna (Solicitor Advocate, Respondents)