The Owners – Strata Plan No 44958 v Michel [2023] NSWCATCD 162

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No 44958 v Michel [2023] NSWCATCD 162 Hearing dates: 1 November 2023 Date of orders: 11 December 2023 Decision date: 11 December 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 April 2024, on the boundary between the applicant's land and the respondent's land: remove the existing Colourbond fence, supply and install new posts along the same line, and reinstall existing panels. (2) The work is to be done by Bula Brothers Landscaping (3) The applicant is to provide instructions to the contractor for the carrying out of the work and is to pay the contractor (4) Within three days of the completion of the work, and payment of the contractor in full, whichever occurs later, the respondent is to pay to the applicant one half of the cost of that work. Catchwords: ENVIRONMENT AND PLANNING — Fences and boundaries — "Dividing fence" — Whether retaining wall is part of fence — Whether sufficient dividing fence — Order for fencing work Legislation Cited: Dividing Fences Act 1991; Civil and Administrative Tribunal Act 2013 Cases Cited: Inacio v Luckose [2020] NSWCATAP 149; Foster v Byrnes [2016] NSWCATAP 197 Texts Cited: None Category: Principal judgment Parties: The Owners – Strata Plan No 44958 (applicant) Joanne Michel (first respondent) Alan Cook (second respondent) Representation: Ms Babb and Mr Darcy for the applicant Mr Cook for the respondents File Number(s): 2023/00389174 (previously COM 23/29274) Publication restriction: Nil