Elwell v Chav [2024] NSWCATAP 172

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Elwell v Chav [2024] NSWCATAP 172 Hearing dates: 27 August 2024 Date of orders: 03 September 2024 Decision date: 03 September 2024 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President J McAteer, Senior Member Decision: (1) The appellant has leave to appeal the question of whether the existing fence is sufficient but the appeal on that question is dismissed. (2) The appeal is otherwise dismissed. (3) No order as to costs. Catchwords: DIVIDING FENCES – sufficient dividing fence – relevant considerations – fence not on boundary line – no evidence of impact on user where fence in existence for 10 years – need for repairs Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Civil and Administrative Tribunal Rules, 2014 (NSW) Dividing Fences Act 1991 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Alwiah v Watts & Anor [2004] NSWSC 948 Collins v Urban [2014] NSWCATAP 17 Larney v Johannson [2013] NSWCA 409 Levy v Mercedes-Benz Australia/Pacific Pty Ltd (No 2) [2024] NSWCATAP 155 Purcell v Chadwick [2018] NSWCATAP 250 Texts Cited: Nil Category: Principal judgment Parties: Francisca Elwell (Appellant) Tony Chav (First Respondent) Katherine Chav (Second Respondent) Representation: Appellant (Self-Represented) First Respondent (Self-Represented) Second Respondent (Self-Represented) File Number(s): 2024/00214802 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 14 May 2024 Before: G Bassett, General Member File Number(s): 2024/00020065