Monhem v Shields [2015] NSWCA 24

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Monhem v Shields [2015] NSWCA 24 Hearing dates: 18 February 2015 Decision date: 18 February 2015 Before: Basten JA; Ward JA; Leeming JA Decision: Dismiss the application for leave to appeal, with no order as to costs. Catchwords: APPEAL – application for leave to appeal – failure of applicants to attend hearing before Land and Environment Court – refusal of judge to reopen final orders – appeal limited to errors of law – arguable error of approach – case presented before primary judge not shown to justify reopening

PRACTICE AND PROCEDURE – application to reopen final orders – party served with originating process failed to attend hearing – no satisfactory explanation for non-attendance – whether material supported different outcome – orders partly effected – prejudice to other party Legislation Cited: Land and Environment Court Act 1979 (NSW), ss 56A, 57 Trees (Disputes Between Neighbours) Act 2006 (NSW) Uniform Civil Procedure Rules 2005, r 36.16 Cases Cited: Allesch v Maunz [2000] HCA 40; 203 CLR 172 Double Bay Newspapers v The Fitness Lounge [2006] NSWSC 226 Category: Principal judgment Parties: Mansour Monhem (First Applicant) Houda Monhem (Second Applicant) Ranald Shields (Respondent) Representation: Counsel: H Altan (Applicants) Submitting appearance (Respondent)

Solicitors: Cordato Partners Lawyers (Applicants) Houston Dearn O'Connor (Respondent) File Number(s): 2014/214636 Decision under appeal Court or tribunal: Land and Environment Court of New South Wales Jurisdiction: Class 2 Citation: [2014] NSWLEC 99 Date of Decision: 18 July 2014 File Number(s): 2014/20160