Woodbridge v Degabrielle [2021] NSWCATAP 352

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Woodbridge v Degabrielle [2021] NSWCATAP 352 Hearing dates: 28 October 2021 Date of orders: 28 October 2021 Decision date: 09 November 2021 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member G Burton SC, Senior Member Decision: (1) The appeal is dismissed. Catchwords: ENVIRONMENT AND PLANNING — Fences and boundaries — "Dividing fence" — no appellable error Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) ss 80, 81, Sch 4 cl 12 Civil and Administrative Tribunal Rules 2014 (NSW) r 25 Dividing Fences Act 1991 (NSW) ss 3, 4, 7 Cases Cited: Bolton v Grose [2019] NSWCATAP 251 CEO of Customs v AMI Toyota Ltd (2000) 102 FCR 578; [2000] FCA 1343 Collins v Urban [2014] NSWCATAP 17 Craig v South Australia (1995) 184 CLR 163; [1995] HCA 58 House v The King (1936) 55 CLR 499; [1936] HCA 40 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: Nil Category: Principal judgment Parties: Dean Woodbridge (First Appellant) Yasmin Woodbridge (Second Appellant) Marie Rosalie Degabrielle (Respondent) Representation: Counsel: A Joseph (Appellants) Solicitors: Appellants (self-represented) Respondent (self-represented) File Number(s): 2021/00227749 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 11 July 2021 Before: H Smith, General Member File Number(s): COM 20/43653