NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Smith v Kaddour (No 2) [2018] NSWLEC 21 Hearing dates: 31 October 2017 written submissions Date of orders: 07 March 2018 Decision date: 07 March 2018 Jurisdiction: Class 2 Before: Pain J Decision: See par 37 Catchwords: COSTS – whether fair and reasonable to award costs to successful respondents following dismissal of application under Trees (Disputes Between Neighbours) Act 2006 due to absence of jurisdiction and issue estoppel Legislation Cited: Civil Procedure Act 2005 s 98 Land and Environment Court Rules 2007 r 3.7 Trees (Disputes Between Neighbours) Act 2006 ss 7, 9, 10, 12, 13 Uniform Civil Procedure Rules 2005 r 13.4 Cases Cited: Fox v Ginsberg (No 3) [2011] NSWLEC 139 Harrison v Schipp [2001] NSWCA 13 Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Smith v Kaddour [2017] NSWLEC 117 Category: Costs Parties: David James Smith (First Applicant) Lesley Sharon Hannaford (Second Applicant) Kareem Kaddour (First Respondent) Matin Kaddour (Second Respondent) Representation: COUNSEL: B Woolf (Applicants) M Parrino, solicitor (Respondents)
SOLICITORS: Woolf Associates (Applicants) Project Lawyers Respondents) File Number(s): 17/196300
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