Ekermawi v Bennett (No 2) [2010] NSWLEC 40

Ekermawi v Bennett (No 2) [2010] NSWLEC 40

The appellant failed to establish that the commissioner erred on a question of law in the interpretation or application of s 10(2) of the Trees Act, in making findings of fact, or in procedural fairness; the appeal was dismissed and costs ordered against the appellant for the appeal.

Jurisdiction
Australia
Judgment Date
19 March 2010
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
['trees Disputes' 'appeal on Question of Law' 'costs in Class 2 Proceedings']
['environmental Law'] ['trees Disputes' 'appeal on Question of Law' 'costs in Class 2 Proceedings']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the commissioner erred in law in interpreting and applying s 10(2) of the Trees (Disputes Between Neighbours) Act 2006' 'Whether the commissioner made a finding of fact without evidence to support it' 'Whether there was a failure to give adequate opportunity to be heard' 'Whether relevant evidence was ignored']

Ratio Decidendi

The appellant failed to establish that the commissioner erred on a question of law in the interpretation or application of s 10(2) of the Trees Act, in making findings of fact, or in procedural fairness; the appeal was dismissed and costs ordered against the appellant for the appeal.

Court Disposition

appeal dismissed

Orders

  • ['The appeal in proceedings no 20142 of 2010 is dismissed.' 'The applicant in proceedings no 20142 of 2010 is to pay the costs of the respondents, as agreed or assessed.' 'Each party in proceedings no 20637 of 2009 is to pay their own costs of the proceedings.']