Newman v Smith (No 2) [2008] NSWLEC 1335

Newman v Smith (No 2) [2008] NSWLEC 1335

The application to reopen was refused because none of the additional material relied on by Mr Newman was material that could not have been made available before or at the onsite hearing, and therefore the narrow Autodesk test for reopening before entry of orders was not satisfied.

Jurisdiction
Australia
Judgment Date
15 August 2008
Procedural Posture
Application to Reopen a Hearing Conducted Pursuant to the Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment on Preliminary Application to Reopen After Prior Dismissal and Before Entry of Orders
Outcome
Application to reopen refused.
Legal Topics
['application to Reopen After Decision Given' 'finality of Litigation' 'new Evidence After Hearing' 'trees (disputes Between Neighbours) Act 2006']
['practice and Procedure' 'trees Disputes Between Neighbours'] ['application to Reopen After Decision Given' 'finality of Litigation' 'new Evidence After Hearing' 'trees (disputes Between Neighbours) Act 2006']

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Procedural Posture

Application to Reopen a Hearing Conducted Pursuant to the Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment on Preliminary Application to Reopen After Prior Dismissal and Before Entry of Orders

Legal Issues

  1. 1 ['Whether the applicant should be granted leave to reopen the hearing before the orders dismissing his tree dispute application had been entered.' 'Whether the additional material relied on by the applicant was material that could not have been made available before or at the onsite hearing.']

Ratio Decidendi

The application to reopen was refused because none of the additional material relied on by Mr Newman was material that could not have been made available before or at the onsite hearing, and therefore the narrow Autodesk test for reopening before entry of orders was not satisfied.

Court Disposition

Application to reopen refused.

Orders

  • ['The application to re-open is refused.' 'Orders will be entered giving effect to the orders for dismissal made on 4 July.']