NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Francis v Baronian [2009] NSWLEC 146 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPELLANT PARTIES : Janette Francis RESPONDENTS Harry Baronian and Maria Baronian
FILE NUMBER(S) : 20081 of 2009
CORAM: Pain J
APPEAL :- s 56A appeal - notice of motion to strike out appeal successful in part - whether failure to accord procedural fairness at on-site hearing - whether failure to allow cross-examination - appeal dismissed - variation of orders made by Acting Commissioner as orders made outside jurisdiction KEY ISSUES: COSTS :- application for indemnity costs by respondents unsuccessful
Land and Environment Court Act 1979 s 38, 56A LEGISLATION CITED: Land and Environment Court Rules 2007 r 3.7 Trees (Dispute Between Neighbours) Act 2006 s 9, 10, 12
BP Australia Ltd v Campbelltown CC (1994) 83 LGERA 274 Ballina Shire Council v Stubberfield (No 2) [2006] NSWLEC 538 CASES CITED: Blue Sky Capital Ventures Pty Ltd v Council of the City of Lake Macquarie [2007] NSWLEC 790 Burwood MC v Harvey (1995) 86 LGERA 389 Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 Re King; ex parte Westfield Corp (Vic) Ltd (1981) 64 LGRA 28
DATES OF HEARING: 26 August 2009
EX TEMPORE JUDGMENT DATE : 26 August 2009
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