Cicek v Department of Customer Service [2020] NSWLEC 83

Land and Environment Court New South Wales

Medium Neutral Citation: Cicek v Department of Customer Service [2020] NSWLEC 83 Hearing dates: 9 – 10 March 2020 Date of orders: 02 July 2020 Decision date: 02 July 2020 Jurisdiction: Class 3 Before: Robson J Decision: See orders at [109] Catchwords: ENVIRONMENT AND PLANNING — Fences and boundaries — Determination of common boundary between adjoining lands — Excess of land discovered — Whether evidence of boundary position inconclusive — Whether apportionment methodology to distribute excess and position the common boundary is fair and reasonable in the circumstances Legislation Cited: Access to Neighbouring Land Act 2000 (NSW) s 31 Land and Environment Court Act 1979 (NSW) s 39 Land and Environment Court Rules 2007 (NSW) Real Property Act 1900 (NSW) ss 135B, 135D, 135E, 135F, 135G, 135H, 135J Surveying and Spatial Information Act 2002 (NSW) Surveying and Spatial Information Regulation 2017 (NSW) cl 33 Sutherland Shire Development Control Plan 2015 Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: Busways Management Pty Ltd v Milner [2002] NSWSC 969 Comserv (No 1877) Pty Ltd v Figtree Gardens Caravan Park [1999] NSWSC 124; (1999) 102 LGERA 74 National Trustees Executors and Agency Co of Australasia Ltd v Hassett (1907) 13 ALR 208; [1907] VLR 404 Turner v Myerson (1917) 18 SR (NSW) 133 Westfield v Registrar-General [2002] NSWLEC 248 Westfield v Registrar-General of New South Wales [2003] NSWCA 343 Texts Cited: F M Hallmann, Legal Aspects of Boundary Surveying as apply in New South Wales (2nd ed, 1994) Category: Principal judgment Parties: Febionia Cicek (Applicant) Department of Customer Service (formerly the Department of Finance, Services and Innovation) (First Respondent) Donald Jeffery Nash (Second Respondent) Julie Maree Grimish (Third Respondent) Representation: Counsel: F Cicek, self-represented (Applicant) L A Walsh (First Respondent) D J Nash, self-represented (Second and Third Respondents)