Morton v Berry [2021] NSWCATAP 174

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Morton v Berry [2021] NSWCATAP 174 Hearing dates: 14 April 2021 Date of orders: 17 June 2021 Decision date: 17 June 2021 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member L Wilson, Senior Member Decision: 1. Leave to appeal is refused. 2. The Appeal is allowed. 3. The decision below is varied, such that order 1 is now as follows: Ms Morton the respondent is to pay Ms Berry the applicant the sum of $5,654.14. 4. We order that any amount overpaid by the appellant under the order as now varied be repaid by the respondent, within 14 days. 5. No order as to costs. Catchwords: APPEAL – Dividing Fences Act 1991 (NSW) – renewal of proceedings – meaning of 'fencing work' Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Dividing Fences Act 1991 (NSW) Cases Cited: Browne & Keith [2015] FamCAFC 143 Texts Cited: None cited Category: Principal judgment Parties: Justine Morton (Appellant) Jennifer Berry (Respondent) Representation: G Morton (Appellant) K Taylor (Respondent) File Number(s): 2021/00056084 (AP 21/05592) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: n/a Date of Decision: 5 February 2021 Before: J Levingston, General Member File Number(s): COM 20/39436