Browne v Slack-Smith & anor [2014] NSWLEC 1081

Browne v Slack-Smith & anor [2014] NSWLEC 1081

Because the earlier Trees Act proceedings had been finalised in October 2013 and the applicant could not identify any proceedings under s 7 of the Trees (Disputes Between Neighbours) Act 2006 that had been commenced but not determined, the jurisdictional condition in s 13A(2)(a) of the Dividing Fences Act 1991 was not satisfied. The fresh application therefore could not be entertained and had to be dismissed.

Jurisdiction
Australia
Judgment Date
28 April 2014
Procedural Posture
Class 2 Application Under the Trees (disputes Between Neighbours) Act 2006 Seeking to Invoke S 13 a of the Dividing Fences Act 1991 / Preliminary Hearing on Jurisdictional Issue
Outcome
The application is dismissed.
Legal Topics
['court Jurisdiction Under S 13 a of the Dividing Fences Act 1991' 'requirement for Undetermined Proceedings Under S 7 of the Trees (disputes Between Neighbours) Act 2006' 'brick Dividing Wall or Fence Between Neighbouring Properties']
['land and Environment' 'trees Disputes' 'dividing Fences' 'jurisdiction'] ['court Jurisdiction Under S 13 a of the Dividing Fences Act 1991' 'requirement for Undetermined Proceedings Under S 7 of the Trees (disputes Between Neighbours) Act 2006' 'brick Dividing Wall or Fence Between Neighbouring Properties']

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Procedural Posture

Class 2 Application Under the Trees (disputes Between Neighbours) Act 2006 Seeking to Invoke S 13 a of the Dividing Fences Act 1991 / Preliminary Hearing on Jurisdictional Issue

Legal Issues

  1. 1 ['Whether the Court had jurisdiction under s 13A of the Dividing Fences Act 1991 to determine a fresh application about a brick dividing wall after the earlier Trees Act proceedings had been determined.' 'Whether there were proceedings under s 7 of the Trees (Disputes Between Neighbours) Act 2006 that had been commenced but not determined.']

Ratio Decidendi

Because the earlier Trees Act proceedings had been finalised in October 2013 and the applicant could not identify any proceedings under s 7 of the Trees (Disputes Between Neighbours) Act 2006 that had been commenced but not determined, the jurisdictional condition in s 13A(2)(a) of the Dividing Fences Act 1991 was not satisfied. The fresh application therefore could not be entertained and had to be dismissed.

Court Disposition

The application is dismissed.

Orders

  • ['The application is dismissed.']