Lozano v Gentle [2023] NSWCATCD 152

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lozano v Gentle [2023] NSWCATCD 152 Hearing dates: 7 July 2023 Date of orders: 12 September 2023 Decision date: 12 September 2023 Jurisdiction: Consumer and Commercial Division Before: S Hanstein, General Member Decision: (1) The following fencing work is to be carried out, on or before 11 March 2024, on the boundary between the applicant's land and the respondent's land: (a)the common boundary line is to be defined by a registered surveyor; (b)vegetation is to be removed (only to the extent necessary for construction of a fence on the boundary line), and disposed of; (c)a treated pine post and black coated chain wire fence is to be installed, 1.2m high and approximately 110m long, with posts every four metres. (2)The applicant is to engage the surveyor and contractors to undertake the fencing work, and is to pay the surveyor and each contractor the whole of the cost of the fencing work, on or before the completion of each stage of the fencing work. (3)The respondent is to pay the applicant a contribution of 50% of the cost of each stage of the fencing work within seven days of the respondent advising the applicant that each stage of the fencing work has been completed and providing a copy of the receipt for payment from the surveyor and each contractor. Catchwords: ENVIRONMENT AND PLANNING — Fences and boundaries — "Dividing fence" — Whether sufficient dividing fence — Order for fencing work Legislation Cited: Dividing Fences Act 1991 Category: Principal judgment Parties: Lisa Lozano (applicant) Robyn Gentle (respondent) Representation: Nil File Number(s): COM 23/13553 Publication restriction: Nil