Black v Jeihooni (No 2)

Case [2024] NSWLEC 13


Land and Environment Court


New South Wales

Medium Neutral Citation: Black v Jeihooni (No 2) [2024] NSWLEC 13
Hearing dates: 15 December 2023
Date of orders: 23 February 2024
Decision date: 23 February 2024
Jurisdiction:Class 2
Before: Pain J
Decision:

(1)   The Appellant’s summons filed 22 May 2023 is dismissed.

(2)   The Appellant is to pay the Respondent’s costs as agreed or assessed.

Catchwords:

APPEAL – appeal of acting commissioner’s decision under Trees (Disputes between Neighbours) Act 2006 (NSW) – no error of law in determination that four palm trees did not form a hedge – appeal dismissed

Legislation Cited:

Interpretation Act 1987 (NSW), s 34

Land and Environment Court Act 1979 (NSW), s 56A

Trees (Disputes between Neighbours) Act 2006 (NSW), ss 14A, 14B, 14D, 14E, 14F

Land and Environment Court Rules 2007 (NSW), r 3.7

Uniform Civil Procedure Rules 2005 (NSW), r 42.1

Cases Cited:

Barnes v Loveridge; Unicomb v Loveridge [2016] NSWLEC 1108

Black v Jeihooni [2023] NSWLEC 1193

Cooper Brookes (Wollongong) Pty Ltd v Commissioner of Taxation (1981) 147 CLR 297; [1981] HCA 26

Haindl v Daisch [2011] NSWLEC 1145

Hoy v Coffs Harbour City Council [2015] NSWLEC 128

JET Group Australia Pty Ltd v Environment Protection Authority [2018] NSWLEC 49

Johnson v Angus (2012) 190 LGERA 334; [2012] NSWLEC 192

Roden v Bandora Holdings Pty Limited [2015] NSWLEC 191

Smart v Mann [2013] NSWLEC 1179

Sydney Seaplanes Pty Ltd v Page (2021) 106 NSWLR 1; [2021] NSWCA 204

Tal Life Pty Ltd v Shuetrim (2016) 91 NSWLR 439; [2016] NSWCA 68

Tanious v Georges River Council [2016] NSWLEC 142

Tenacity Consulting v Warringah [2004] NSWLEC 140

Weston Aluminium Pty Ltd v Environment Protection Authority [2022] NSWCA 236

Willoughby City Council v Blanc Black Projects Pty Ltd (No 2) [2023] NSWLEC 144

Wisdom v Payn [2011] NSWLEC 1012

Category:Principal judgment
Parties: Georgina Louise Black (Appellant)
Samira Jeihooni (Respondent)
Representation:

Counsel:
R Lancaster SC with G Farland (Appellant)
I Hemming SC with L Sims (Respondent)

Solicitors:
Bartier Perry (Appellant)
Mills Oakley (Respondent)
File Number(s): 2023/163242
 Decision under appeal 
Court or tribunal:
Land and Environment Court
Jurisdiction:
Class 2
Citation:

[2023] NSWLEC 1193

Date of Decision:
26 April 2023
Before:
Sheridan AC
File Number(s):
2022/114051

JUDGMENT

  1. The Appellant Ms Black lives at a property on Bayview Hill Road, Rose Bay. The Appellant has commenced an appeal pursuant to s 56A of the Land and Environment Court Act 1979 (NSW) (LEC Act) in relation to the decision of an acting commissioner (AC) in Black v Jeihooni [2023] NSWLEC 1193. The AC dismissed the Appellant’s Trees Dispute Application seeking orders pursuant to Pt 2A s 14B of the Trees (Disputes Between Neighbours) Act 2006 (NSW) (Trees Act) for the removal of four palm trees on neighbouring land belonging to Ms Jeihooni the Respondent. The AC held inter alia that she did not have the power to make the orders sought as the trees did not form a hedge.

Land and Environment Court Act

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Black v Jeihooni (No 2) [2024] NSWLEC 13
Case
[2024] NSWLEC 13
Decision Date

CaseChat Overview and Summary

Black v Jeihooni (No 2) is a case before the court involving a dispute between the Appellant, Black, and the Respondent, Jeihooni. The nature of the dispute is related to a summons filed by Black on 22 May 2023, which the Respondent has opposed. The matter is being heard in the relevant Australian court of law.

The legal issues that the court was required to decide revolve around the validity and merits of the summons filed by the Appellant. Specifically, the court needed to determine whether the summons met the legal criteria for such a document and if it had merit in the context of the ongoing legal proceedings between the parties. The court was also required to assess the Respondent’s opposition and decide on the appropriate costs to be borne by the parties.

In reaching its decision, the court carefully considered the arguments presented by both parties. The court found that the summons filed by the Appellant did not meet the necessary legal standards, and as such, the summons was dismissed. Additionally, the court ruled that the Respondent’s opposition was valid, leading to the Appellant being ordered to pay the Respondent’s costs as agreed or assessed. The court’s reasoning was based on a thorough examination of the legal requirements for summons and the evidence provided by both parties. The outcome reflects the court’s determination that the summons was not justified and that the Respondent’s opposition was well-founded.

The final orders of the court are that the Appellant’s summons is dismissed, and the Appellant is to pay the Respondent’s costs as agreed or assessed. This decision underscores the importance of adhering to legal standards when filing such documents and the consequences of failing to meet those standards.

Orders

Orders of the court

(1) The Appellant’s summons filed 22 May 2023 is dismissed.

(2) The Appellant is to pay the Respondent’s costs as agreed or assessed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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