Tompkins v Fonseka [2024] NSWCATAP 262

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tompkins v Fonseka [2024] NSWCATAP 262 Hearing dates: 3 December 2024 Date of orders: 20 December 2024 Decision date: 20 December 2024 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President D Goldstein, Senior Member Decision: (1) Appeal dismissed, except for the purposes of order 2 below. (2) Order 2 made in proceedings 2024/00031420 on 26 August 2024, is set aside and in its place, the Appeal Panel orders the Appellant to pay the Respondents' $790 within seven days. (3) The stay is lifted. Catchwords: Appeal – Dividing Fences Act – no written record of reasons – contested view as to whether oral reasons were given. Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Dividing Fences Act 1991 (NSW) Cases Cited: Nil Texts Cited: Not applicable Category: Principal judgment Parties: David Edmund John Tompkins (Appellant) Jude Fonseka (First Respondent) Roshanie Fonseka (Second Respondent) Representation: Appellant (Self-represented) First Respondent (Self-represented) Second Respondent (Self-represented) File Number(s): 2024/00334948 Publication restriction: Nil Decision under appeal Court or tribunal: New South Wales Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 26 August 2024 Before: S Bliim, General Member File Number(s): 2024/00031420