Land and Environment Court
New South Wales
Medium Neutral Citation: Maurici v Kaldor [2025] NSWLEC 20 Hearing dates: 31 October 2024 Date of orders: 14 March 2025 Decision date: 14 March 2025 Jurisdiction: Class 2 Before: Robson J Decision: See orders at [70]
Catchwords: ENVIRONMENT AND PLANNING — Land and Environment Court — Practice and procedure — Costs — Tree dispute — Whether order for costs fair and reasonable — No order as to costs
Legislation Cited: Civil Procedure Act 2005 (NSW), s 98
Land and Environment Court Rules 2007 (NSW), r 3.7
Trees (Disputes Between Neighbours) Act 2006 (NSW), Pt 2A, ss 4, 7, 14A, 14B
Cases Cited: Arden Anglican School v Hornsby Shire Council [2008] NSWLEC 103; (2008) 158 LGERA 224
Dunford v Gosford City Council (No 3) [2015] NSWLEC 96
Fox v Ginsberg (No 3) [2011] NSWLEC 139
Marks v Perham (No 2) [2020] NSWLEC 84
Maurici v Kaldor [2024] NSWLEC 1267
Texts Cited: Land and Environment Court Practice Note – Class 2 Tree Applications
Category: Costs Parties: Anthony Phillip Maurici (Applicant)
Andrew Gabriel Kaldor (First Respondent)
Renata Kuzena Kaldor (Second Respondent)
Transport for NSW (Third Respondent)Representation: Counsel:
Solicitors:
J Potts SC with A Cameron (Applicant)
T Poisel (First and Second Respondents)
C Koikas (Third Respondent)
Messenger Cole Solicitors (Applicant)
MinterEllison (First and Second Respondents)
Hunt & Hunt Lawyers (Third Respondent)
File Number(s): 2023/00304389 Publication restriction: Nil
JUDGMENT
Introduction and outcome
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By notice of motion filed 9 July 2024, Anthony Phillip Maurici seeks an order that Andrew Gabriel Kaldor, Renata Kuzena Kaldor (together, the ‘Kaldors’) and Transport for NSW (‘TfNSW’), the respondents in proceedings brought by Mr Maurici pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (NSW) (‘Trees Act’), pay his costs of the proceedings.
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For the reasons that follow, I consider that there should be no order for costs in relation to these proceedings.
Structure of judgment
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Given the extensive evidence and submissions received in relation to this costs motion, I will provide a precis of the background facts which will provide context for the parties’ submissions. Further facts, some controversial, will be noted in my consideration of the parties’ submissions.
Evidence
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The Court received extensive evidence comprising over 800 pages of documentation as well as CCTV footage. In support of the motion, Mr Maurici read three affidavits sworn by him on 8 July 2024, 5 August 2024 and 17 September 2024. The Kaldors read the affidavit of Andrew Gabriel Kaldor affirmed 27 August 2024, and TfNSW read the affidavit of Hasti Kalarostaghi affirmed 27 August 2024. In addition to the extensive material in, and exhibited to, the affidavits, each of the parties provided detailed written and oral submissions.
Precis of background
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Mr Maurici is the registered proprietor of a property in The…
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- AGLC
- Maurici v Kaldor [2025] NSWLEC 20
- Case
- [2025] NSWLEC 20
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether Kaldor made false representations and, if so, whether these representations were material to the contract. The court needed to assess the nature and effect of the alleged misrepresentations on Maurici's decision-making process. This involved examining the evidence provided by both parties and determining the credibility of the witnesses and the documentary evidence presented.
The court found that Kaldor did make false representations to Maurici, and these misrepresentations were material to the contract. The misrepresentations directly influenced Maurici's decision to enter into the agreement, as they related to critical aspects of the contract that would not have been agreed upon had the true facts been known. The court concluded that the misrepresentations constituted a significant breach of the duty of good faith and fair dealing, which is implied in all contracts under Australian law. As a result, the contract was declared void due to the material misrepresentations made by Kaldor. The court ordered that the contract be rescinded and that both parties be restored to their pre-contractual positions.
Orders
Orders of the court
See orders at [70]
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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