Uddin v Truong [2022] NSWCATAP 323

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Uddin v Truong [2022] NSWCATAP 323 Hearing dates: 9 August 2022, 8 September 2022 Date of orders: 13 October 2022 Decision date: 13 October 2022 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President G Burton SC, Senior Member Decision: 1. Leave to appeal is granted on the question of whether the appellants consented to order 10 made 23 May 2022 and the appeal in relation to that matter is dismissed. 2. The appeal in connection with who should pay the costs of the application to the Registrar General under Part 14A of the Real Property Act 1900 (NSW) is allowed. 3. Order 12 made 23 May 2022 is set aside and in lieu thereof the following order is made in application COM 21/52234: 12. The applicants (Truongs) are to pay the respondents (Uddin and Yiu) fifty percent (50%) of the costs paid by the respondents to the Registrar General in respect of the application to determine the boundary made under Part 14A of the Real Property Act 1900 (NSW) referred to in order 11. 13. The parties have liberty to apply to the Tribunal at first instance to fix the amount payable under order 12 if there is a dispute. 4. Save as provided above the appeal is dismissed. 5. Each party is to pay their own costs of the appeal. Catchwords: LAND LAW – Dividing Fences Act – consent orders – whether consent in fact given – determination of boundary – whether determination of boundary under part 14A of the Real Property Act is "fencing work" as defined by the Dividing Fences Act – operation of ss 14 and 18 of the Dividing Fences Act – power of the Tribunal to make order concerning who should pay costs of the Registrar General Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Dividing Fences Act 1991 (NSW) Real Property Act 1900 (NSW) Cases Cited: Aboriginal Housing Office v Harrison [2021] NSWCATAP 97 Alwiah v Watts & Anor [2004] NSWSC 948 Collins v Urban [2014] NSWCATAP 17 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69Larney v Johannson [2013] NSWCA 409 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Purcell v Chadwick [2018] NSWCATAP 250 Texts Cited: None cited Category: Principal judgment Parties: Md Mahtab Uddin (Appellant 1) Erica Yui also known as Ngar Wei (Appellant 2) Jason Truong (Respondent 1) Sonia Truong (Respondent 2) Representation: Appellant 1 (Self Represented) Appellant 2 (Self Represented) Respondent 1 (Self Represented) Respondent 2 (Self Represented) File Number(s): 2022/00180302 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: 23 May 2022 Before: K Ruschen, General Member File Number(s): COM 21/52234