Shields v Monhem (No 2) [2014] NSWLEC 99

Land and Environment Court New South Wales

Medium Neutral Citation: Shields v Monhem (No 2) [2014] NSWLEC 99 Hearing dates: 18 July 2014 Decision date: 18 July 2014 Jurisdiction: Class 2 Before: Sheahan J Decision: (1) The proceedings are amended to change the surname of both respondents to "Monhem". (2) The Respondents' Amended Notice of Motion dated 1 July is dismissed. (3) The Orders made by the Court on 23 May will be amended only in respect of dates for compliance. (4)There will be no orders as to costs. Catchwords: PRACTICE AND PROCEDURE: Application to set aside judgment and orders, and to re-open to enable respondents to defend - principles to apply when orders not yet entered - need to review timetable - costs Legislation Cited: Land and Environment Court Rules 2007 Trees (Disputes Between Neighbours) Act 2006 Uniform Civil Procedure Rules 2005 Cases Cited: Aktas v Westpac Banking Corporation Ltd (No 2) [2010] HCA 47; (2010) 241 CLR 570 Autodesk Inc v Dyason (No 2) [1993] HCA 6; (1993) 176 CLR 300 Double Bay Newspapers v The Fitness Lounge [2006] NSWSC 226 Kyogle Shire Council v Muli Muli Local Aboriginal Land Council [2005] NSWCA 4; 62 NSWLR 361 Shields v Monhim [2014] NSWLEC 1097 Teoh v Hunters Hill Council (No 3) [2009] NSWLEC 121; (2009) 167 LGERA 432 Young v King (No 4) [2012] NSWLEC 236 Category: Procedural and other rulings Parties: Ranald Mark Shields (Applicant) Mansour Monhem (1st Respondent) Houda Monhem (2nd Respondent) Representation: Mr S Shneider, solicitor (Applicant) Mr H Altan, barrister (Respondents) Houston Dearn O'Connor (Applicant) Cordato Partners Lawyers (Respondents) File Number(s): 20160 of 2014