PROCEDURE — working out orders in tree dispute judgment — orders partly complied with — orders pursuant to r 40.8 UCPR made
Quick Take
1Under UCPR r 40.8 and s 23 of the LEC Act, the court may make 'working out orders' to implement and give effect to principal relief already pronounced, even where no express liberty to apply was granted, but such orders cannot depart from the relief originally sought or permit review or reconsideration of the original orders.
2Where court orders specify sequential obligations with time-limited options (here, a 12-month window for one party to build a wall before the option reverts to the other party), the reversion mechanism takes effect upon expiry of the specified period, and the court will not extend the timeframe absent agreement or changed circumstances warranting variation.
3In determining whether prior orders have been complied with, the court reads the orders together with the judgment as a whole; a party's unilateral reinterpretation of an order to reduce the scope of required works (here, reducing wall height) does not excuse non-compliance.
