Zheng v Lee [2021] NSWCATCD 94

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zheng v Lee [2021] NSWCATCD 94 Hearing dates: 11 August 2021 Date of orders: 2 September 2021 Decision date: 02 September 2021 Jurisdiction: Consumer and Commercial Division Before: G Sarginson, Senior Member Decision: 1. The applicant is to cause the performance of fencing work between the residential property of the applicant and the residential property of the respondents by 6 December 2021 with such work to be performed as follows: (a) Demolish the existing metal and wire mesh fence between the respective properties. (b) Remove any plants or shrubs along the existing fencing line only to the extent necessary to construct a new fence. (c) Construct a 28m x 1.8 m green Colourbond fence along the existing fencing line as set out in the scope of works contained in the quotation of All Hills Fencing dated 15 March 2021 and detailed in the Fencing Notice dated 13 January 2021. (d) Extend the green Colourbond fence for a further 12 m toward the front boundary of the respective properties as set out in the Fencing Notice dated 13 January 2021. (e) The applicant is to give the respondents 3 clear business days written notice of the date the fencing work will occur. Notice by email is sufficient. (f) The fencing work is to be performed by a person who holds a valid licensed issued by NSW Fair Trading to perform fencing work. (g) The respondents are to give reasonable access to their property to the licensed tradesperson performing the fencing work so that the existing fence can be demolished and a new fence be constructed in accordance with these orders. (h) Within 28 days of the completion of the fencing work set out in these orders, the respondents are to pay the applicant $2,358. Catchwords: DIVDING FENCES — Whether Fencing Notice validly served — Whether sufficient dividing fence —Appropriate type of replacement fence —Contribution of parties to the fencing work Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Dividing Fences Act 1991 (NSW) Cases Cited: Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Nicholls v Fortmann [2020] NSWCATAP 52 Purcell v Chadwick [2018] NSWCATAP 250 Texts Cited: Nil Category: Principal judgment Parties: Zhe (Wilson) Zheng (Applicant) Colin Lee (First Respondent) Peggy Hau (Second Respondent) Representation: Applicant (Self Represented) Respondents (Self Represented) File Number(s): COM 21/13153 Publication restriction: Nil