Zangari v Miller (No 2) [2010] NSWLEC 1093

The lack of new evidence and the reliance solely on evidence available in the initial application means the second application is an abuse of process and should not proceed.

Jurisdiction: Australia
Judgment Date: 23 April 2010
Procedural Posture: Application / Dismissal
Outcome: application dismissed
Legal Topics: ['trees (neighbours)' 'res Judicata' 'abuse of Process']

['environmental Law' 'civil Procedure'] ['trees (neighbours)' 'res Judicata' 'abuse of Process']

Case Brief

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Procedural Posture

Application / Dismissal

Legal Issues

1 ['Whether the second application concerning the tree constitutes abuse of process' "Whether 'fresh evidence' is present to justify reopening the matter"]

Ratio Decidendi

The lack of new evidence and the reliance solely on evidence available in the initial application means the second application is an abuse of process and should not proceed.

Court Disposition

application dismissed

Orders

['The application is dismissed.']