Byrnes v Ryan (No 2) [2022] NSWLEC 27
The photographs in Ms Byrnes' Tree Dispute Application demonstrated significant changed circumstances because a large branch had fallen, going beyond merely twigs and incidental debris; issues of causation and any necessary intervention were for the commissioner at the on-site hearing, so there was no basis to strike out the application as an abuse of process.
- Jurisdiction
- Australia
- Judgment Date
- 14 March 2022
- Procedural Posture
- Class 2 Tree Dispute Application / Notice of Motion Seeking Strike Out of Second Tree Dispute Application as Abuse of Process
- Outcome
- Notice of Motion dismissed.
- Legal Topics
- ['strike Out Application' 'abuse of Process' 'changed Circumstances After Prior Tree Dispute Application']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Class 2 Tree Dispute Application / Notice of Motion Seeking Strike Out of Second Tree Dispute Application as Abuse of Process
Legal Issues
- 1 ['Whether the second Tree Dispute Application should be struck out as an abuse of process after an earlier tree dispute application had been dismissed.' 'Whether changed circumstances existed following the fall of a large branch from the tree.']
Ratio Decidendi
The photographs in Ms Byrnes' Tree Dispute Application demonstrated significant changed circumstances because a large branch had fallen, going beyond merely twigs and incidental debris; issues of causation and any necessary intervention were for the commissioner at the on-site hearing, so there was no basis to strike out the application as an abuse of process.
Court Disposition
Notice of Motion dismissed.
Orders
- ['The Notice of Motion is dismissed.']
Full Case Text
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