Fox v Ginsberg (No 2) [2011] NSWLEC 1205

Fox v Ginsberg (No 2) [2011] NSWLEC 1205

The application to reopen was refused because the applicant had been given an opportunity to be heard on access during the on-site hearing, the issue had been substantively considered and determined, and the threshold for reopening identified in Autodesk was not met.

Jurisdiction
Australia
Judgment Date
20 July 2011
Procedural Posture
Class 2 / Notice of Motion Seeking to Reopen Proceedings After Orders Made But Not Entered
Outcome
Notice of Motion dismissed as to proposed orders 1 to 3 and returned to the Registrar for setting a timetable for dealing with the remaining matters.
Legal Topics
['application to Reopen Proceedings' 'access for Construction Works' 'finality of Litigation']
['land and Environment Court Procedure'] ['application to Reopen Proceedings' 'access for Construction Works' 'finality of Litigation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 2 / Notice of Motion Seeking to Reopen Proceedings After Orders Made But Not Entered

Legal Issues

  1. 1 ["Whether the proceedings should be reopened to reconsider the question of access for construction works ordered along the common boundary between the parties' properties." 'Whether the applicant had been denied an opportunity to be heard on the issue of access.']

Ratio Decidendi

The application to reopen was refused because the applicant had been given an opportunity to be heard on access during the on-site hearing, the issue had been substantively considered and determined, and the threshold for reopening identified in Autodesk was not met.

Court Disposition

Notice of Motion dismissed as to proposed orders 1 to 3 and returned to the Registrar for setting a timetable for dealing with the remaining matters.

Orders

  • ['The application to reopen was declined.' 'The orders proposed in paragraphs 1 to 3 of the Notice of Motion were dismissed.' 'The question of dealing with order 4 of the Notice of Motion and the ancillary order in order 5 was returned to the Registrar for setting a timetable.']