Agius v Forrester [2008] NSWLEC 256

Land and Environment Court of New South Wales

CITATION : Agius v Forrester [2008] NSWLEC 256

APPLICANT: Maurice Agius PARTIES : RESPONDENT: Esabel Forrester

FILE NUMBER(S) : 20822 of 2007

CORAM: Biscoe J

KEY ISSUES: Trees :- application for extension of time in which to appeal from Commissioner's decision to dismiss an application for pruning or removal of a tree - tree branch alleged to have fallen after Commissioner's decision - appeal futile because no error of law by Commissioner therefore application for extension of time refused - appropriate procedure is to file another tree application which raises the new circumstance.

Land and Environment Court Act 1979 (NSW), s 56A LEGISLATION CITED: Trees (Disputes between Neighbours) Act 2006 (NSW), s 7 Uniform Civil Procedure Rules 2005 (NSW), r 50.12

CASES CITED: Agius v Forrester [2007] NSWLEC 857

DATES OF HEARING: 21/08/08

EX TEMPORE JUDGMENT DATE : 21 August 2008

APPLICANT: Mr M. Agius (in person) SOLICITORS: N/A LEGAL REPRESENTATIVES: RESPONDENT: no appearance SOLICITORS: N/A

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BISCOE J

21 August 2008

20822 of 2007

MAURICE AGIUS v ESABEL FORRESTER

EX TEMPORE JUDGMENT 1 HIS HONOUR: This is an application by Mr Maurice Agius for an extension of time to file a notice of appeal under s 56A of the Land and Environment Court Act 1979 against a decision of a Commissioner of this Court: Agius v Forrester [2007] NSWLEC 857. An appeal from a Commissioner is limited to questions of law. The Commissioner's decision was handed down on 5 December 2007. An appeal must be filed within 28 days: r 50.12 Uniform Civil Procedure Rules 2005. No appeal was filed within that time.