Blatchford v Clubley (No 2)

Land and Environment Court New South Wales Medium Neutral Citation: Blatchford & Anor v Clubley & Anor (No 2) [2015] NSWLEC 1040 Hearing dates:29 January 2015Date of orders: 29 January 2015 Decision date: 29 January 2015 Jurisdiction:Class 2Before: Moore SC and Galwey AC Decision: Application dismissed Catchwords: TREE DISPUTE: res judicata; no changed circumstances Legislation Cited: Land and Environment Court Act 1979 Land and Environment Court Rules 2007 Uniform Civil Procedure Rules 2005 Cases Cited: Autodesk Inc and Anor v Dyason and Others (No 2) (1992) CLR 176 Blatchford & Anor v Clubley & Anor [2013] NSWLEC 1228 Carl Zeiss Stiftung and Others v Rayner and Others [1967] 1 AC 853 Hinde v Anderson and Anor [2009] NSWLEC 1148 Kuligowski v Metrobus [2004] 220 CLR 363 Texts Cited: Res Judicata by Spencer Bower and Handley (4th edition) Category:Principal judgmentParties: J Blatchford and L Bianchi (Applicants) G Clubley and S Ierace (Respondents) Representation: First Applicant in person First Respondent in person File Number(s):20640 of 2014EXTEMPORE Judgment SENIOR COMMISSIONER: On 15 November 2013, a bench of the Court (constituted as is presently the case) gave a decision in a tree dispute between the parties who are the parties to this present application. The decision in that matter was Blatchford & Anor v Clubley & Anor [2013] NSWLEC 1228. The decision was given on 15 November 2013. On 11 December 2013, according to evidence given in these proceedings in the written material provided by the applicants, the applicant Mr Blatchford, received an email...