Urquhart v Hayman (No 2) [2012] NSWLEC 269

Land and Environment Court New South Wales

Medium Neutral Citation: Urquhart v Hayman (No 2) [2012] NSWLEC 269 Hearing dates: 6 June 2012 Decision date: 14 December 2012 Jurisdiction: Class 2 Before: Sheahan J Decision: (1)The Court finds that the applicant has complied with Orders 1, 2, 4, 8, and 11, made in these proceedings on 7 September 2010, and that those orders stand. (2)The respondent is ordered to pay the applicant's costs incurred on the Notice of Motion filed on 24 February 2012 on a party-party basis, as agreed or assessed. (3)The Applicant's Notice of Motion is otherwise dismissed. (4)The exhibits may be returned. Catchwords: TREES (NEIGHBOURS): Attempt to enforce orders made by Commissioners - whether a declaration should be made - findings of fact regarding compliance - order for compensation is enforceable in the Local Court - just and reasonable for a costs order to be made Legislation Cited: Civil Procedure Act 2005 Corporations Act 2001 (Cth) Trees (Disputes Between Neighbours) Act 2006 Land and Environment Court Rules 2007 Cases Cited: Australian Securities and Investments Commission v Rich [2004] NSWSC 836; 50 ACSR 500 Csillag v Woollahra Council (No 2) [2012] NSWLEC 135 Great Lakes Council v Lani [2007] NSWLEC 681; 158 LGERA 1 Liverpool City Council v Roads and Traffic Authority (1991) 74 LGRA 265 Phillips v Walsh (1990) 20 NSWLR 206 Urquhart v Hayman [2010] NSWLEC 1248 Category: Consequential orders Parties: Timothy Robert John Urquhart (Applicant) Julianne Elizabeth Hayman (Respondent) Representation: Mr S B Docker, Barrister (Applicant) Mr W Van Ede, Solicitor (Respondent) Kemp Strang (Applicant) Emil Ford Lawyers (Respondent) File Number(s): 20366 of 2010