Teh v Dormer [2016] NSWLEC 42

Land and Environment Court New South Wales

Medium Neutral Citation: Teh v Dormer [2016] NSWLEC 42 Hearing dates: 21 April 2016 Decision date: 22 April 2016 Jurisdiction: Class 2 Before: Pepper J Decision: Application to extend time to file appeal refused. Applicant to pay respondents' costs of the application. Catchwords: PROCEDURE: application for leave to appeal out of time against a decision of a commissioner in Class 2 – delay of nearly 18 months – whether explanation for delay adequate – whether prejudice caused to respondents if leave granted – death of original respondent – whether prejudice to applicant if leave denied – whether fair and reasonable to award costs against the applicant – leave to extend time refused – costs ordered against applicant. Legislation Cited: Land and Environment Court Act 1979, s 56A Land and Environment Court Rules 2007, rr 3.7, 7.1, 7.3 Trees (Disputes Between Neighbours) Act 2006, Pt 2 Uniform Civil Procedure Rules 2005, Pt 50 Cases Cited: Bennett (as Trustee for Access Family Trust) v McLoughlin [2013] NSWLEC 1259 Currabubula & Paola v State Bank NSW [2000] NSWSC 232 Hinde v Anderson [2009] NSWLEC 1148 La Perouse Local Aboriginal Land Council v Minister Administering the Crown Lands Act [2014] NSWLEC 128 Category: Procedural and other rulings Parties: Steven Tor Leng Teh (Applicant) Anthony Dormer (First Respondent) Nigel Russell (Second Respondent) Representation: Counsel: In person (Applicant) Mr van Ede (solicitor) (First and Second Respondent)