Barbour & Anor v Stillianesis & Anor [2010] NSWLEC 1275
The application was dismissed because the relevant matter had already been determined by Fakes C, the photographic evidence did not show any discernible additional cracking or material change in circumstances, and the exposed roots could have been exposed for consideration at the original hearing.
- Jurisdiction
- Australia
- Judgment Date
- 12 October 2010
- Procedural Posture
- Application Concerning a Tree Under the Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment
- Outcome
- Application dismissed.
- Legal Topics
- ['res Judicata' 'finality of Litigation' 'material Change in Circumstances' 'tree Root Damage']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Application Concerning a Tree Under the Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment
Legal Issues
- 1 ['Whether a further application could be entertained after the same tree-related damage issue had been determined in Barbour & anor v Stillianesis [2010] NSWLEC 1120.' "Whether there had been a materially significant change in circumstances or impact on the applicants' property, or evidence now available that could not have been available at the original hearing."]
Ratio Decidendi
The application was dismissed because the relevant matter had already been determined by Fakes C, the photographic evidence did not show any discernible additional cracking or material change in circumstances, and the exposed roots could have been exposed for consideration at the original hearing.
Court Disposition
Application dismissed.
Orders
- ['The application is dismissed.']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment