Blatchford & Anor v Clubley & Anor (No 2) [2015] NSWLEC 1040

Blatchford & Anor v Clubley & Anor (No 2) [2015] NSWLEC 1040

As there is no evidence of changed circumstances or new damage since the previous (November 2013) decision, the doctrine of res judicata applies and prevents the application from proceeding; the prior decision is a complete answer to the present application.

Parties
Applicant: J Blatchford; Applicant: L Bianchi; Respondent: G Clubley; Respondent: S Ierace
Jurisdiction
Australia
Judgment Date
29 January 2015
Procedural Posture
Tree Dispute / Application to Revisit Earlier Decision; Judgment
Outcome
Application dismissed
Legal Topics
Tree Disputes, Res Judicata, Issue Estoppel, Jurisdiction
Environmental Law Tree Disputes Res Judicata Issue Estoppel Jurisdiction

Case Brief

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Parties

J Blatchford

Applicant

L Bianchi

Applicant

G Clubley

Respondent

S Ierace

Respondent

Procedural Posture

Tree Dispute / Application to Revisit Earlier Decision; Judgment

Legal Issues

  1. 1 Whether res judicata prevents a fresh application in relation to a previously decided tree dispute between the same parties
  2. 2 Whether any changed circumstances since the previous decision permit the matter to be reheard

Ratio Decidendi

As there is no evidence of changed circumstances or new damage since the previous (November 2013) decision, the doctrine of res judicata applies and prevents the application from proceeding; the prior decision is a complete answer to the present application.

Court Disposition

Application dismissed

Orders

  • Application dismissed