Land and Environment Court
of New South Wales
CITATION: Young v King (No.2) [2009] NSWLEC 125
This decision has been amended. Please see the end of the judgment for a list of the amendments.PARTIES: APPLICANT
Margo YoungFIRST RESPONDENT
SECOND RESPONDENT
Brendan King
Kristina KingFILE NUMBER(S): 40417 of 2003 CORAM: Sheahan J KEY ISSUES: PRACTICE AND PROCEDURE :- Notices of Motion to reopen proceedings, referral of proceedings to a mediator LEGISLATION CITED: Civil Procedure Act 2005
Land and Environment Court Act 1979CASES CITED: Deputy Commissioiner of Taxation v Meredith (No.2) [2008] NSWCA 133
Haig v Minister Administering the National Parks and Wildlife Act (1994) 85 LGERA 143
Lidoframe Pty Ltd (as Trustee for Logan Cypress & Framing Trust) v State of New South Wales [2006] NSWSC 1262
Michales v Dimoski [2007] NSWLEC 443
Pittwater Council v Brown Brothers Waste Contractors Pty Ltd [2009] NSWLEC 50
Sutherland Shire Council v Sawyer 109 LGERA 409; [2000] NSWLEC 162
Wexford Pty Ltd v Praveen Meckraj Doolub [2008] NSWLEC 952
Woollahra Municipal Council v Ferella (2005) 141 LGERA 166, [2005] NSWLEC 402DATES OF HEARING: 26 March 2009, 12 May 2009, 26 May 2009, 9 June 2009, 7 July 2009, 23 July 2009, 29 July 2009
DATE OF JUDGMENT:
31 July 2009LEGAL REPRESENTATIVES: APPLICANT
Mr R Newell
SOLICITORS
L C Muriniti & AssociatesRESPONDENT
Mr M Wright
SOLICITORS
Terence Stern
JUDGMENT:
THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALESSheahan J
31 July 2009
JUDGMENT40417 of 2003 Young v King (No.2)
Introduction
1 His Honour: The purposes of this judgment are (1) to provide reasons for an order I propose to make referring the substantive dispute between the parties for external mediation, and (2) to summarise what I know of the matter in order to assist the mediator.
2 This is essentially – or, at least, it started out as – a dispute between two neighbours about relatively routine or minor drainage works, but, if this court has ever seen a case of civil litigation gone seriously wrong, this would be it. Final orders were made in March 2004 (by McClellan J), but there are four extant Notices of Motion now before the court, more than five years later.
3 Related proceedings between the parties are presently also running in the District Court. Warringah Council is a party to those District Court proceedings, but not to these Land and Environment Court proceedings. In addition, this court has been told that Mrs Young intends separately suing her former legal representatives over what has occurred.
4 I have declined to hear and determine the Notices of Motion, insisting that the legal representatives try to reach some agreement on a dispute resolution process which can be accepted by the parties and sanctioned by the court. Both sides contend that they have at various stages sought to initiate a mediation process, without success, and, in September 2003, before the court had the statutory power to order a mediation, Cowdroy J ordered…
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- AGLC
- Young v King (No.2) [2009] NSWLEC 125
- Case
- [2009] NSWLEC 125
- Decision Date
CaseChat Overview and Summary
The court's decision was based on its duty to resolve all matters in controversy between the parties and avoid multiplicity of proceedings, as well as the significant costs already incurred by both sides. The court emphasized the importance of mediation in resolving the dispute, and the need for expert assistance and the involvement of Warringah Council to ensure a successful outcome. The court provided background information and relevant history of the dispute to the mediator, but made no findings on the merits, as not all relevant evidence had been tested. The court ordered the proceedings to be referred to mediation, with the parties to share the costs equally and having liberty to apply for further orders as needed.
Orders
Orders of the court
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Background
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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