SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Campbell v Blackshaw |
Citation: | [2018] ACTSC 39 |
Hearing Dates: | 21 November 2017, 21 February 2018 |
DecisionDate: | 2 March 2018 |
Before: | Mossop J |
Decision: | See [107] |
Catchwords: | CIVIL LAW – APPEAL AND NEW TRIAL – Practice and procedure – leave to appeal – appeal against decision of ACT Civil and Administrative Tribunal – dispute between neighbours – nuisance caused by trees – application for leave to appeal out of time – failure to properly explain delay – limited merit in grounds of appeal – extension of time to appeal not granted – common boundary dispute – consideration of proposed grounds of appeal – leave to appeal not granted |
Legislation Cited: | ACT Civil and Administrative Tribunal Act 2008 (ACT), ss 15, 18, 18(3)(a), 22, 82, 86, 86(3) Common Boundaries Act 1981 (ACT), ss 2D, 4, 5, 8, 10, 10(2), 10(2)(b), 11, 11(3), 14, 22 Tree Protection Act 2005 (ACT) |
Cases Cited: | Blackshaw & Evans v Campbell (Civil Dispute) [2016] ACAT 80 Blackshaw & Evans v Campbell (No 2) (Civil Dispute) [2016] ACAT 108 |
Parties: | Maryanne Campbell (Applicant) Adam Blackshaw (First Respondent) Robyn Evans (Second Respondent) |
Representation: | Counsel T Crispin (Applicant) A Twigg (Respondents) |
| Solicitors Peter Christensen Solicitor (Applicant) Snedden Hall & Gallop Lawyers (Respondents) | |
File Numbers: | SCA 79 of 2017; SCA 86 of 2017 |
Decision under appeal: | Court/Tribunal: ACT Civil and Administrative Appeal Tribunal Before: Presidential Member M-T Daniel Date of Decision: 30 August 2017 Case Title: Campbell v Blackshaw & Evans (Appeal) Citation: [2017] ACAT 64 Court/Tribunal: ACT Civil and Administrative Appeal Tribunal Before: Presidential Member M-T Daniel Date of Decision: 2 November 2017 (orders) Case Title: Campbell v Blackshaw & Evans (Appeal) Citation: [2017] ACAT 95 |
MOSSOP J:
Introduction
The applicant (Ms Campbell) is the owner of a house on Mouat Street in Lyneham which adjoins a house owned by the respondents (Mr Blackshaw and Ms Evans). There are nine cypress trees growing on the applicant’s property very close to or on the boundary between the two blocks. The location of these trees with respect to the boundary between the two properties was surveyed in 2014. On the resulting plan they are numbered 1 to 9, tree 1 being furthest into the block and tree 9 being closest to Mouat Street.
Two sets of proceedings were brought in the ACAT by the respondents against the…
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- Campbell v Blackshaw [2018] ACTSC 39
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- [2018] ACTSC 39
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CaseChat Overview and Summary
The legal issues before the court included whether the applicant had provided a proper explanation for the delay in filing the application for leave to appeal and whether the proposed grounds of appeal had sufficient merit to warrant an extension of time. The court had to consider the importance of time limits in legal proceedings and the potential consequences of granting an extension of time on the finality of disputes.
The court found that while there was some merit in one of the proposed grounds of appeal, it had to be weighed against the lack of any proper explanation for the delay in bringing the appeal. The court also considered the nature of the underlying dispute and the limited utility of an appeal given the existing rights of the respondents and the likely construction of a new boundary fence. Ultimately, the court concluded that it was not appropriate to extend the time in which to make the application for leave to appeal due to the importance of time limits in bringing finality to disputes and the absence of any proper explanation for the delay in seeking leave to appeal. The order of the Court was that the amended application for leave to appeal, including the application for an extension of time, dated 14 November 2017, was dismissed.
Orders
Orders of the court
See [107]
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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