Slattery v Dunn [2023] NSWLEC 107

Slattery v Dunn [2023] NSWLEC 107

Because mediation had been attempted and failed, and the matter required determination on admissible evidence in Class 4 proceedings, the Court set the matter down for final hearing with a timetable for evidence, submissions and objections. Pending that hearing, and upon the applicant giving the usual undertaking as to damages, the Court continued interim restraints to preserve the position concerning the dividing fence, paperbark trees and concrete slab until 5pm on 2 November 2023.

Jurisdiction
Australia
Judgment Date
18 October 2023
Procedural Posture
Class 4 Civil Enforcement Proceedings Seeking Injunctive Relief / Procedural Ruling After Unsuccessful Mediation; Directions Made for Final Hearing and Interim Restraints Extended
Outcome
Directions made; interim injunctive restraints extended; costs reserved.
Legal Topics
['injunctive Relief' 'neighbour Dispute' 'dividing Fence' 'trees Between Neighbours' 'development Consent' 'trespass' 'mediation' 'undertaking as to Damages' 'directions for Final Hearing']
['land and Environment' 'civil Enforcement' 'civil Procedure'] ['injunctive Relief' 'neighbour Dispute' 'dividing Fence' 'trees Between Neighbours' 'development Consent' 'trespass' 'mediation' 'undertaking as to Damages' 'directions for Final Hearing']

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Procedural Posture

Class 4 Civil Enforcement Proceedings Seeking Injunctive Relief / Procedural Ruling After Unsuccessful Mediation; Directions Made for Final Hearing and Interim Restraints Extended

Legal Issues

  1. 1 ['Whether the proceedings should be referred to mediation under s 26 of the Civil Procedure Act 2005 (NSW).' 'What directions should be made after mediation failed to produce a settlement.' "Whether interim restraints should continue pending final hearing in relation to entry onto the applicant's property, interference with the dividing fence, interference with paperbark trees, and demolition of part of a concrete slab."]

Ratio Decidendi

Because mediation had been attempted and failed, and the matter required determination on admissible evidence in Class 4 proceedings, the Court set the matter down for final hearing with a timetable for evidence, submissions and objections. Pending that hearing, and upon the applicant giving the usual undertaking as to damages, the Court continued interim restraints to preserve the position concerning the dividing fence, paperbark trees and concrete slab until 5pm on 2 November 2023.

Court Disposition

Directions made; interim injunctive restraints extended; costs reserved.

Orders

  • ['The matter is listed for final hearing for one day at 10am on Thursday, 2 November 2023 at 225 Macquarie Street, Sydney.' 'The respondents David Dunn and Kim Dunn are to file and serve any further evidence and written submission upon which they wish to rely by 5pm on Friday, 27 October 2023.' 'The applicant Rhonda...