Harrison v Neuer (No 2)

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Harrison & Anor v Neuer & Anor (No 2) [2015] NSWLEC 1375 Hearing dates:16 June 2015Date of orders: 16 September 2015 Decision date: 16 September 2015 Jurisdiction:Class 2Before: Registrar Gray Decision: 1. The applicants pay the respondents’ costs in the sum of $3164.77.2. The applicants pay the respondents’ costs of the telephone attendance on the hearing of the notice of motion on 16 June 2015, as agreed or assessed. Catchwords: COSTS: Whether it was fair and reasonable to award costs, whether the applicants were unreasonable in commencing and carrying on the proceedings; whether it was necessary for the respondents to engage legal representation. Legislation Cited: Civil Procedure Act 2005 Land and Environment Court Rules 2007 Trees (Dispute Between Neighbours) Act 2007 Cases Cited: Fox v Ginsberg (No 3) [2011] NSWLEC 139 Harrison & anor v Neuer & anor [2015] NSWLEC 1098 Robson v Leischke [2008] NSWLEC 152 Category:CostsParties: Mr Robert Harrison (First Applicant) Ms Jennifer Harrison (Second Applicant) Mr Mark Neuer (First Respondent) Ms Robyn Neuer (Second Respondent) Representation: Mr Robert Harrison (Applicant) (Litigant in person) Mr James Kay (Respondent)   Solicitors: Falvey Kay Lawyers (Respondent) File Number(s):20910 of 2014Judgment On 29 October 2014 the applicants lodged an application under the Trees (Dispute Between Neighbours) Act 2007 (“the Trees Act”) seeking orders concerning a tallowwood tree situated on the boundary of their property and the property to the rear. Following a number of directions hearings, the proceedings were dealt...