Lau v Mehr [2021] NSWCATAP 26

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lau v Mehr [2021] NSWCATAP 26 Hearing dates: 16 November 2020 Date of orders: 9 February 2021 Decision date: 09 February 2021 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President D Robertson, Senior Member Decision: (1) The appeal is upheld and the orders which follow are made. (2) Order 1 made in the First Decision (being the decision published on 11 August 2020) is set aside. (3) Orders 2 to 9 (inclusive) made in the First Decision are affirmed except as modified below. (4) Order 2 is amended so that the works are to be initiated within five weeks of the making of these orders. (5) Orders 1 and 2 made in the Second Decision (being the decision published on 9 September 2020 are affirmed. (6) The order made by the Appeal Panel on 9 September 2020 staying the operation of order 2 made in the First Decision is lifted. Catchwords: PRACTICE AND PROCEDURE – Remittal of proceedings from an Appeal Panel of the Tribunal – Finality principle – Tribunal exceeded jurisdiction by making orders inconsistent with terms of remittal. Legislation Cited: Dividing Fences Act 1991 (NSW) Civil & Administrative Tribunal Act 2013 Cases Cited: Mohammad Oboodi Mehr and Samiheh Aboodi Mehr v John Lau and Carina Tam [2019] NSWCATAP 177 Oboodi v Hornsby Shire Council [2018] NSWLEC 1512 Oboodi v Hornsby Shire Council [2019] NSWLEC 1287 D'orta-Ekenaike v Victoria Legal Aid [2005] HCA 12 Texts Cited: None cited Category: Principal judgment Parties: John Lau (First Appellant) Carina Tam (Second Appellant) Mohammad Oboodi Mehr (First Respondent) Samiheh Oboodi Mehr (Second Respondent) Representation: Solicitors: First Appellant (Self-Represented) Second Appellant (Self-Represented) First Respondent (Self-Represented) Second Respondent (Self-Represented) File Number(s): AP 20/38317 Publication restriction: Nil Decision under appeal Court or tribunal: New South Wales Civil & Administrative Tribunal Jurisdiction: Consumer & Commercial Division Citation: Not applicable Date of Decision: 11 August 2020 Before: Senior Member M Tibbey File Number(s): COM 18/52404; COM 19/32762