Monhem v Shields [2015] NSWCA 24

ON 18 FEBRUARY 2015, the NSW Court of Appeal delivered Monhem v Shields [2015] NSWCA 24 http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWCA/2015/24.html.

The NSW Land and Environment Court made orders under the Trees (Disputes Between Neighbours) Act 2006 that the appellants (the Monhems) remove a Camphor Laurel tree and pay for rectification works at their boundary with the respondents (Shields).

The Monhems did not attend the on-site hearing and subsequently applied, without success, to Sheahan J to have the orders set aside on the ground that the hearing had been held in their absence.

The Court of Appeal dismissed an application for leave to appeal stating that the the appellant had not demonstrated a proper basis for seeing aside Sheahan J’s judgment.

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