Khachan v Nisevic (No 2) [2017] NSWLEC 110

The applicant's Notice of Motion was not in the correct form to obtain the relief sought (enforcement or contempt), and the matter is adjourned to allow amendment and proper marshalling of evidence.

Source-derived case information.

Jurisdiction: Australia
Judgment Date: 14 August 2017
Procedural Posture: Tree Dispute Application (class 2) / Interlocutory (notice of Motion to Enforce Compliance With Previous Orders; Matter Adjourned)
Outcome: Adjourned for further directions
Legal Topics: ['tree Disputes' 'compliance With Court Orders' 'contempt of Court' 'procedural Requirements for Motions']

['planning and Environment Law'] ['tree Disputes' 'compliance With Court Orders' 'contempt of Court' 'procedural Requirements for Motions']

Source-derived case record

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Procedural Posture

Tree Dispute Application (class 2) / Interlocutory (notice of Motion to Enforce Compliance With Previous Orders; Matter Adjourned)

Legal Issues

1 ['Whether the respondent has complied with the tree removal orders made by Acting Commissioner Fakes' "Whether the applicant's Notice of Motion is in the correct form to seek enforcement or contempt relief"]

Ratio Decidendi

The applicant's Notice of Motion was not in the correct form to obtain the relief sought (enforcement or contempt), and the matter is adjourned to allow amendment and proper marshalling of evidence.

Court Disposition

Adjourned for further directions

Orders

['The matter is adjourned to 19 September 2017 at 9:00am for further directions before the Registrar.']

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