NSW Caselaw
Reported Decision : 179 LGERA 449
New South Wales Supreme Court
CITATION : Allan Jeffrey Brown v James F Doyle & Ors [2010] NSWSC 1269
HEARING DATE(S) : 23 April 2010
JUDGMENT DATE : 5 November 2010
JUDGMENT OF : Hidden J
EX TEMPORE JUDGMENT DATE : 21 December 2010
1. The appeal is allowed. DECISION : 2. The matter is remitted to the local land board for determination according to law. For the purpose of that determination the land board must be differently constituted from that which made the decision the subject of the appeal. 3. The Doyles must pay the plaintiff's costs of the appeal, but I grant to each of them a certificate under s 6 of the Suitors' Fund Act 1951.
CATCHWORDS : DIVIDING FENCES - appeal against decision of local land board - whether retaining edge a "fence" for the purpose of Dividing Fences Act - determination whether vegetative barrier a sufficient dividing fence - denial of procedural fairness - whether Court should determine merits of the matter or remit it to land board
Dividing Fences Act 1991 LEGISLATION CITED : Crown Lands Act 1989 Supreme Court Act 1970 Suitors' Fund Act 1951
CATEGORY : Principal judgment
Kontikis & Anor v Schreiner & Ors (1989) 16 NSWLR 706 Carter v Murray [1981] 2 NSWLR 77 CASES CITED : Warringah Properties Pty Ltd v Babij (Snr) & Anor [2006] NSWSC 702 Alwiah v Watts & Anor [2004] NSWSC 948 Loudoun-Shand & Anor v Jadasi Investments Pty Ltd [2007] NSWCA 316
Allan Jeffrey Brown (Plaintiff) PARTIES : James F Doyle (1st Defendant) Anne T Doyle (2nd Defendant) Local Land Board for the Land District of Taree (3rd Defendant)
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