Smith v Kaddour [2017] NSWLEC 117

The application is dismissed because the applicants are estopped by issue estoppel and/or res judicata from relitigating the causal nexus between the tree and damage to their property as finally determined in the 2011 proceedings, no material change of circumstance relevant to causation has been established, and the Court lacks jurisdiction to grant the orders sought against the Council.

Jurisdiction: Australia
Judgment Date: 15 September 2017
Procedural Posture: Application Under Trees (disputes Between Neighbours) Act 2006 / Final Orders on Application
Outcome: Application dismissed
Legal Topics: ['trees (disputes Between Neighbours) Act 2006' 'res Judicata' 'issue Estoppel' 'jurisdiction' 'cause of Damage' 'remedial Orders']

['environmental Law' 'civil Procedure'] ['trees (disputes Between Neighbours) Act 2006' 'res Judicata' 'issue Estoppel' 'jurisdiction' 'cause of Damage' 'remedial Orders']

Case Brief

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Final Orders on Application

Legal Issues

1 ['Whether the applicants are estopped by res judicata or issue estoppel from seeking further relief regarding damage attributed to the tree after a prior judicial determination' 'Whether there are material new circumstances permitting commencement of fresh proceedings' 'Whether the court has jurisdiction or power to make orders sought, including restraining Council action']

Ratio Decidendi

Court Disposition

Application dismissed

Orders

["The Applicants' application dated 30 June 2017 is dismissed." "The Applicants' bundle of material be returned."]