Edmonds and Anor v Yeates and Anor [2012] QCAT 311

CITATION: Edmonds and Anor v Yeates and Anor [2012] QCAT 311 PARTIES: Guurtje Edmonds Jeffrey Davies v Robert Anthony Helen Mary Yeates APPLICATION NUMBER: NDR079-12 / NDR080-12 MATTER TYPE: Other civil dispute matters HEARING DATE: 15 June 2012 HEARD AT: Brisbane DECISION OF: K O'Callaghan, Senior Member DELIVERED ON: 16 July 2012 DELIVERED AT: Brisbane ORDERS MADE: 1. NDR079-12 be consolidated with NDR080- 12. CATCHWORDS: Whether appropriate to consolidate 2 applications made under Neighbourhood Disputes Resolution Act 2011 – consolidation of proceedings Queensland Civil and Administrative Tribunal Act 2009, s 54 Neighbourhood Disputes Resolution Act 2011 APPEARANCES and REPRESENTATION (if any): This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act). REASONS FOR DECISION [1] Ms Edmonds lives at 1 Stockton Close, Carindale. Mr Davies lives next door at 3 Stockton Close, Carindale. They share a common boundary with Mr and Mrs Yeates. [2] Mr Davies and Ms Edmonds commenced separate applications in the Tribunal pursuant to the Neighbourhood Disputes Resolution Act 2011 (NDR Act) seeking orders with respect to the trees that line the Yeates’ fence and their respective properties. -- 1 of 2 -- 2 [3] The complaints by Mr Davies and Ms Edmonds in their applications essentially revolve around the dropping of leaf litter amounting to what they say is substantial interference with the use and enjoyment of their properties. [4] The Yeates have responded to both applications disputing any basis for the claims. [5] On 15 June 2012 I ordered that the matters be consolidated. [6] Mr and Mrs Yeates have expressed their dissatisfaction with that order and whilst not expressly requesting reasons I thought it appropriate to provide same. [7] The Tribunal may under section 54 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act) direct that two or more proceedings concerning the same or related facts and circumstances be consolidated into one proceeding. [8] The Tribunal has as one of its objects to deal with matters in a way that is accessible, fair, just, economical, informal and quick.1 It must also “ensure proceedings are conducted in an informal way that minimises costs to parties, and is as quick as is consistent with achieving justice.”2 [9] The two applications before the Tribunal in these proceedings concern a line of trees situated in the Yeates’ property. [10] The same concerns with respect to those trees are raised by the applicants in both proceedings. [11] In disputes concerning trees under the NDR Act it is the Tribunal’s practice to engage an arborist as an assessor to conduct an onsite inspection of the trees and provide a report to the Tribunal and to the parties. [12] In some instances this facilitates a resolution of the dispute. If the dispute does not resolve then the application will proceed to an alternative dispute resolution process and a final hearing if necessary. [13] It would be inconsistent with the Tribunal’s objectives and indeed involve a more lengthy process for the Yeates to conduct separate assessments and other procedures in relation to these two applications. [14] These matters do concern related facts and circumstances and it was appropriate that an order be made consolidating the applications. 1 Section 3 QCAT Act. 2 Section 4(c) of the QCAT Act. -- 2 of 2 --