Grabowskyj v Ryan [2020] NSWCATAP 270

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Grabowskyj v Ryan [2020] NSWCATAP 270 Hearing dates: 7 December 2020 Date of orders: 17 December 2020 Decision date: 17 December 2020 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member Dr J Lucy, Senior Member Decision: (1) Leave to appeal is refused; (2) The appeal is allowed in part; (3) Order 4(c) made in proceedings COM 20/25440 is varied by omitting "and/or preparation" and "(including the trimming, lopping or removal of vegetation)"; (4) the appeal is otherwise dismissed. Catchwords: ENVIRONMENT AND PLANNING — Fences and boundaries — "Dividing fence" – Definition of fence – Replacement of retaining wall and dividing fence - Whether retaining wall was "any foundation or support necessary for the support and maintenance of the fence" – Whether there was a constructive failure to exercise jurisdiction by not determining whether the tree or trees on or near the common boundary should be removed – Whether the contribution required from the adjoining owner includes engineering costs for the retaining wall Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80, Sch 4, cl 12 Civil and Administrative Tribunal Rules 2014 (NSW), r 25 Dividing Fences Act 1991 (NSW), ss 3, 11, 14 Cases Cited: C G Constructions Pty Limited v Hanson Constructions Materials Pty Limited [2017] NSWCATAP 130 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Fallon v Croese [2016] NSWCATCD 40 Inacio v Luckose [2020] NSWCATAP 149 Nham v Hayes [2018] NSWCATCD 17 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: None cited Category: Principal judgment Parties: Paul John Grabowskyj (Appellant) Amanda Lee Ryan (Respondent) Representation: Appellant (Self Represented) Respondent (Self Represented) File Number(s): AP 20/39414 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 19 August 2020 Before: J Rose, General Member File Number(s): COM 20/25440