O'Connor v Kerr (No. 2)

Land and Environment Court New South Wales Medium Neutral Citation: O'Connor v Kerr (No. 2) [2015] NSWLEC 1542 Hearing dates:2 October 2015Date of orders: 23 December 2015 Decision date: 23 December 2015 Jurisdiction:Class 2Before: Registrar Gray Decision: 1.The applicant pay 50% of the respondent’s costs of the proceedings from 23 June 2015 to 29 July 2015, as agreed or assessed.2.The applicant pay the respondent the sum of $440 for the cost of engaging the arborist to provide an expert report in the proceedings.3.The applicant pay the respondent’s legal professional costs of the notice of motion filed 1 September 2015, as agreed or assessed. Catchwords: COSTS: Tree dispute application; Application dismissed on all grounds; Whether fair and reasonable to order costs Legislation Cited: Civil Procedure Act 2005 Land and Environment Court Rules 2007 r 3.7 Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Fox v Ginsberg (No 3) [2011] NSWLEC 139 O’Connor v Kerr [2015] NSWLEC 1285 Whitehouse Properties Pty Ltd v Bond Brewing (NSW) Ltd (1992) 28 NSWLR 17 Yang v Scerri [2007] NSWLEC 592 Category:CostsParties: Raymond O’Connor (Applicant) Nicole Kerr (Respondent) Representation: Applicant Mr O’Connor (in person) Respondent Ms Kerr (in person) File Number(s):20436 of 2015JUDGMENT On 11 May 2015 the applicant made an application under both s 7 Part 2 and s 14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (‘the Trees Act’) for orders concerning trees growing on an adjoining property, owned by the respondent. The application was made on the basis that the...