Geracitano v Cloughessy [2021] NSWCATAP 329

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Geracitano v Cloughessy [2021] NSWCATAP 329 Hearing dates: 21 October 2021 Date of orders: 26 October 2021 Decision date: 26 October 2021 Jurisdiction: Appeal Panel Before: The Hon F Marks Principal Member G Blake AM SC Senior Member Decision: (1) Leave to appeal is refused (2) The appeal is dismissed Catchwords: APPEAL – failure by appellants to provide material in accordance with Directions for the preparation of the appeal – failure held to have denied the Appeal Panel the opportunity of considering the appeal – leave to appeal refused and appeal dismissed DIVIDING FENCES – held that Order that fence constructed on top of a retaining wall within jurisdiction despite proposed collateral use of the retaining wall to retain a driveway Legislation Cited: Dividing Fences Act 1991 (NSW), s 3 Civil and Administrative Tribunal Act (NSW), s 80, Sch 4, cl 12 Cases Cited: None cited Texts Cited: None cited Category: Principal judgment Parties: Daniel Geracitano (Appellant) Tharon Cloughessy (Respondent) Representation: Appellant (Self Represented) Respondent (Self Represented) File Number(s): 2021/00215180 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 29 June 2021 Before: D Charles Senior Member File Number(s): COM 20/38815