Day v Burton [2021] NSWCATAP 104

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Day v Burton [2021] NSWCATAP 104 Hearing dates: 4 February 2021 Date of orders: 26 April 2021 Decision date: 26 April 2021 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member R C Titterton OAM, Senior Member Decision: Appeal dismissed. Catchwords: ENVIRONMENT AND PLANNING — fences and boundaries — dividing fence – no prior notice served pursuant to s 11 of the Dividing Fences Act – leave granted to subsequently serve notice – discretionary decision – no error demonstrated Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80(2)(b), Sch 4 cl 12 Civil and Administrative Tribunal Rules 2014 (NSW), r 29 Dividing Fences Act 1991 (NSW), ss 6, 9, 11(5)(a), 22(2)(b) Cases Cited: House v R (1936) 55 CLR 499; [1936] HCA 40 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Texts Cited: Nil Category: Principal judgment Parties: Louise Day (First Appellant) Susanne Devereux (Second Appellant) Jarl Devereux (Third Appellant) Philip Burton (Respondent) Representation: Appellants (Self-Represented) Respondent (Self-Represented) File Number(s): 2020/00371125 (AP 20/45286) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 28 September 2020 Before: M Douglas, General Member File Number(s): COM 20/24797