Patane v Singh

Land and Environment Court New South Wales Medium Neutral Citation: Patane V Singh and Anor [2016] NSWLEC 13 Hearing dates:11 February 2016Date of orders: 11 February 2016 Decision date: 11 February 2016 Jurisdiction:Class 2Before: Moore J Decision: See [18] and [19] Catchwords: COSTS – fair and reasonable Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Civil Procedure Act 2005 Land and Environment Court Rules 2007 Cases Cited: Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 Kiama Council v Grant (2006) NSWLEC 96 Autodesk Inc v Dyason (No 2) [1993] HCA 6; (1993) 176 CLR 300 Category:CostsParties: Robert Patane (Applicant) Rashpal Singh (First Respondent) Paramjit Kaur (Second Respondent) Representation: Counsel: J McIntosh (Applicant) A Gibbons (Respondent)   Solicitors: H Aziz, MIC Lawyers (Applicant) File Number(s):15/20726Publication restriction:NoJudgment HIS HONOUR: On 19 August 2015, Mr Patane filed an application pursuant to the Trees (Disputes Between Neighbours) Act2006 (the Trees Act) seeking orders concerning a tree located on the neighbouring property. The matter came before the Court on 21 September 2015 when directions were made, in the standard form, for the provision of evidence including a provision of evidence on behalf of the Respondents. Those directions originally provided, in direction 9, that the Respondents’ evidence and proposals for alternative orders be filed and served by 13 October 2015. By agreement, on 23 October, alterations were made to the timetable that required the Applicant to provide his further evidence (if any) by 27 October, being an extension from 6 October, with the evidence to...