Newman v Smith (No 2) [2008] NSWLEC 1335

Land and Environment Court of New South Wales

CITATION : Newman v Smith (No 2) [2008] NSWLEC 1335 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Dennis Newman PARTIES : RESPONDENTS Graham and Pam Smith

FILE NUMBER(S) : 20313 of 2008

CORAM: Moore C - Fakes AC

KEY ISSUES: Practice and Procedure - Trees (Neighbours) :- Application to reopen after decision given

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Newman v Smith [2008] NSW LEC 1293 Autodesk Inc v Dyason (No 2) 176 CLR 300

DATES OF HEARING: 15 August 2008

EX TEMPORE JUDGMENT DATE : 15 August 2008

APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENTS In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C FAKES AC

15 August 2008

08/20313 Dennis Newman v Graham and Pam Smith

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 COMMISSIONER MOORE: This is our joint decision on an application to reopen a hearing which had been conducted pursuant to the Trees (Disputes Between Neighbours) Act 2006. The original application was made by Mr Newman and filed with the Court on 3 April 2008.

2 We attended the site on Friday 4 July, conducted an onsite hearing during the course of which written and oral evidence was heard and inspection was undertaken of the trees on the Smith's property and inspection undertaken of locations on Mr Newman's property to which he wished to draw our attention. The site hearing, informal as it was, was conducted in Mr Smith's backyard.