Slattery v Dunn (No 2) [2023] NSWLEC 128

Slattery v Dunn (No 2) [2023] NSWLEC 128

The proceedings should be adjourned until after the LRS boundary determination to avoid unnecessary costs and facilitate efficient dispute resolution, with interim injunctions maintained to protect property and prevent interference until resolution.

Parties
Applicant: Rhonda Slattery; First Respondent: David Dunn; Second Respondent: Kim Dunn
Jurisdiction
Australia
Judgment Date
22 November 2023
Procedural Posture
Class 4 Boundary Dispute / Procedural Ruling on Adjournment and Interim Injunctions
Outcome
Proceedings adjourned until 9 February 2024, interim injunctions extended, costs reserved.
Legal Topics
Dividing Fences, Boundary Determination, Injunctions, Trees (disputes Between Neighbours)
Property Law Civil Procedure Dividing Fences Boundary Determination Injunctions Trees (disputes Between Neighbours)

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Parties

Rhonda Slattery

Applicant

David Dunn

First Respondent

Kim Dunn

Second Respondent

Procedural Posture

Class 4 Boundary Dispute / Procedural Ruling on Adjournment and Interim Injunctions

Legal Issues

  1. 1 Whether to expedite proceedings or adjourn pending boundary determination
  2. 2 Court's power to make orders regarding external determinations and mediation
  3. 3 Appropriateness of continuing injunctions

Ratio Decidendi

The proceedings should be adjourned until after the LRS boundary determination to avoid unnecessary costs and facilitate efficient dispute resolution, with interim injunctions maintained to protect property and prevent interference until resolution.

Court Disposition

Proceedings adjourned until 9 February 2024, interim injunctions extended, costs reserved.

Orders

  • Mention listed on 14 December 2023 vacated.
  • Parties to advise Court by 2 February 2024 of the status of the LRS Boundary Determination Application.