Hinde v Anderson and anor [2009] NSWLEC 1148

Hinde v Anderson and anor [2009] NSWLEC 1148

A second application under the Trees (Disputes Between Neighbours) Act 2006 may be entertained where there are alleged changes in circumstances; the doctrine of res judicata does not preclude such subsequent applications in a dynamic context such as tree disputes, and summary dismissal is not warranted in these circumstances.

Parties
Applicant: Judith Hinde; Respondent: Lynn Anderson; Respondent: Sidney Anderson
Jurisdiction
Australia
Judgment Date
18 May 2009
Procedural Posture
Trees (neighbours) Dispute / Notice of Motion for Summary Dismissal
Outcome
notice of motion for summary dismissal refused
Legal Topics
Trees (neighbours), Res Judicata, Practice and Procedure
Property Law Environmental Law Trees (neighbours) Res Judicata Practice and Procedure

Case Brief

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Parties

Judith Hinde

Applicant

Lynn Anderson

Respondent

Sidney Anderson

Respondent

Procedural Posture

Trees (neighbours) Dispute / Notice of Motion for Summary Dismissal

Legal Issues

  1. 1 Whether a second application under the Trees (Disputes Between Neighbours) Act 2006 can be entertained when circumstances have changed since a prior determination
  2. 2 Whether the doctrine of res judicata precludes a subsequent application regarding the same tree and issues

Ratio Decidendi

A second application under the Trees (Disputes Between Neighbours) Act 2006 may be entertained where there are alleged changes in circumstances; the doctrine of res judicata does not preclude such subsequent applications in a dynamic context such as tree disputes, and summary dismissal is not warranted in these circumstances.

Court Disposition

notice of motion for summary dismissal refused

Orders

  • The application for summary dismissal is refused.