Vieira v Kaleski [2008] NSWLEC 159

There has been no relevant change in circumstances since the previous orders; accordingly, there is no basis to vary or rescind the permanent stay of the access and tree removal orders.

Jurisdiction: Australia
Judgment Date: 24 April 2008
Procedural Posture: Appeal / Application to Vary Orders for Permanent Stay
Outcome: Application to vary orders for permanent stay denied.
Legal Topics: ['tree Disputes' 'access Orders' 'procedural Fairness']

['environmental Law' 'property Law'] ['tree Disputes' 'access Orders' 'procedural Fairness']

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 2 Amounts and remedies 1

Procedural Posture

Appeal / Application to Vary Orders for Permanent Stay

Legal Issues

1 ['Whether there has been a relevant change of circumstances justifying variation of the previous permanent stay orders.' 'Whether the original access orders were necessary or should be rescinded.']

Ratio Decidendi

There has been no relevant change in circumstances since the previous orders; accordingly, there is no basis to vary or rescind the permanent stay of the access and tree removal orders.

Court Disposition

Application to vary orders for permanent stay denied.

Orders

[]