Marks v Perham (No 2) [2020] NSWLEC 84

Marks v Perham (No 2) [2020] NSWLEC 84

It is not fair and reasonable, in the circumstances of this tree dispute application where parties acted within bounds of reasonableness and where broader policy discourages routine adverse costs orders in Class 2 matters, to order the respondent to pay the applicants' costs.

Jurisdiction
Australia
Judgment Date
08 July 2020
Procedural Posture
Notice of Motion for Costs in Class 2 Tree Dispute / Post Judgment Costs Application
Outcome
Notice of motion dismissed; no order as to costs.
Legal Topics
['costs' 'tree Disputes' 'practice and Procedure']
['environment and Planning' 'procedure'] ['costs' 'tree Disputes' 'practice and Procedure']

Case Brief

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Procedural Posture

Notice of Motion for Costs in Class 2 Tree Dispute / Post Judgment Costs Application

Legal Issues

  1. 1 ['Whether it is fair and reasonable to order costs against the respondent in a tree dispute under the Trees (Disputes Between Neighbours) Act 2006 (NSW)']

Ratio Decidendi

It is not fair and reasonable, in the circumstances of this tree dispute application where parties acted within bounds of reasonableness and where broader policy discourages routine adverse costs orders in Class 2 matters, to order the respondent to pay the applicants' costs.

Court Disposition

Notice of motion dismissed; no order as to costs.

Orders

  • ['Notice of motion filed 14 February 2020 is dismissed.' 'No order as to costs of and in relation to that notice of motion.']