Kennard v Fite (No 2) [2021] NSWLEC 1456

Kennard v Fite (No 2) [2021] NSWLEC 1456

The Court granted the Notice of Motion, finding the requested correction related to an error arising from accidental slip or omission and was consistent with the intention of the original orders, with consent from all parties.

Parties
Applicant: Claire Kennard; First Respondent: David Matthew Fite; Second Respondent: Danita Rae Lowes
Jurisdiction
Australia
Judgment Date
09 August 2021
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Post Judgment Correction Via Notice of Motion (slip Rule)
Outcome
Application granted; slip rule correction to original pruning orders
Legal Topics
Tree Disputes, Slip Rule Correction, Neighbourhood Disputes, Pruning Specifications
Property Environmental Law Tree Disputes Slip Rule Correction Neighbourhood Disputes Pruning Specifications

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Parties

Claire Kennard

Applicant

David Matthew Fite

First Respondent

Danita Rae Lowes

Second Respondent

Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Post Judgment Correction Via Notice of Motion (slip Rule)

Legal Issues

  1. 1 Whether a minor correction to tree pruning orders is permissible under the slip rule
  2. 2 Clarification of tree identification and associated pruning requirements

Ratio Decidendi

The Court granted the Notice of Motion, finding the requested correction related to an error arising from accidental slip or omission and was consistent with the intention of the original orders, with consent from all parties.

Court Disposition

Application granted; slip rule correction to original pruning orders

Orders

  • The application is granted.
  • Within 60 days, First and Second Respondent must prune trees 1, 1.1, 2, 3, 4, 5, 6, 7, 9, and 10 to specified heights and maintain them as per the amended order.