Zangari v Miller (No 2) [2010] NSWLEC 1093

Land and Environment Court of New South Wales

CITATION : Zangari v Miller (No 2) [2010] NSWLEC 1093

APPLICANTS V & K Zangari PARTIES : RESPONDENTS C & K Miller

FILE NUMBER(S) : 20045 of 2010

CORAM: Moore SC

RES JUDICATA - TREES (NEIGHBOURS) :- KEY ISSUES: Second application concerning tree No "fresh evidence" Abuse of process

DATES OF HEARING: 23 April 2010

EX TEMPORE JUDGMENT DATE : 23 April 2010

APPLICANTS First applicant in person LEGAL REPRESENTATIVES: RESPONDENTS In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE SC

23 April 2010

20045 of 2010 Zangari & anor v Miller & anor

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 SENIOR COMMISSIONER: This is an application concerning a tree located on the Millers' property that was the subject of an application determined, in a hearing between the applicants and the Millers, by Fakes C in January 2010 (see Zangari v Miller [2010] NSWLEC 1012).

2 The two expert reports that are relied on by the applicant in these proceedings are exactly the same documents that were relied on in the proceedings in January 2010. The only physical difference that arises on this occasion is that the tree's roots have now been exposed by the removal of a number of elements of a concrete slab – that slab could have been removed prior to the hearing in January. Mr Zangari indicated that there have been no changes to the tree since then.