Wang v Dimitropoulos [2023] NSWCATAP 135

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wang v Dimitropoulos [2023] NSWCATAP 135 Hearing dates: 3 May 2023 Date of orders: 23 May 2023 Decision date: 23 May 2023 Jurisdiction: Appeal Panel Before: D Charles, Senior Member D Ziegler, Senior Member Decision: 1. Appeal allowed. 2. The decision made by the Tribunal in COM 22/56134 is set aside. 3. The proceedings are remitted back to the Consumer and Commercial Division of the Tribunal for reconsideration in accordance with these reasons and otherwise according to law. 4. The parties are given leave to adduce such further evidence as the Tribunal thinks fit. 5. No order as to costs, with the intent that each party is to bear their own costs of the appeal. Catchwords: APPEALS – jurisdiction of Tribunal - renewal proceedings - no jurisdiction to renew proceedings where no time for compliance specified - slip rule – s 63 Civil and Administrative Tribunal Act – procedural fairness ENVIRONMENT AND PLANNING – fences and boundaries – dividing fence – s 15 Dividing Fences Act 1991 - recovery of cost of 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: Cominos v Di Rico [2016] NSWCATAP 5 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Repatriation Commission v Nation (1995) 57 FCR 25 Yang v Oppidan Homes Pty Ltd [2016] NSWCATAP 146 Category: Principal judgment Parties: Whitney Hong Wang (First Appellant) Yunhao Ding (Second Appellant) Spiro Dimitropolous (Respondent) Representation: Appellants (Self-represented) Respondents (Self-represented) File Number(s): 2023/00061437 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 25 January 2023 Before: M Zraika, Member File Number(s): COM 22/56134