He v Hecker [2013] NSWSC 1219

Supreme Court New South Wales

Medium Neutral Citation: He v Hecker [2013] NSWSC 1219 Hearing dates: 21/08/2013 Decision date: 03 September 2013 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The appeal is dismissed. (2) The decision of Magistrate Bradd dated 22 April 2013 is affirmed. (3) The summons filed 24 June 2013 is dismissed. (4) Costs are reserved. Catchwords: APPEAL FROM LOCAL COURT - orders made for dividing fence, clearing of encroachments - whether error of law - whether procedural fairness afforded - appeal dismissed Legislation Cited: Dividing Fences Act 1998 Encroachment of Buildings Act 1922 Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Wakim v Mathiew Pty Ltd t/as Dove Migration Services [2002] NSWSC 405 Category: Principal judgment Parties: Ji He (Plaintiff) Allyson Hecker (Defendant) Representation: Counsel: Litigants in person File Number(s): 2013/00178500 Publication restriction: Nil Decision under appeal Date of Decision: 2013-04-22 00:00:00 Before: Magistrate Bradd File Number(s): 2012/00365486

Judgment 1HER HONOUR: By amended summons filed on 24 June 2013, the plaintiff seeks to appeal the decision made by Magistrate Bradd in the Downing Centre Local Court on 22 April 2013. His Honour resolved a dispute under s 13 of the Dividing Fences Act 1991 in favour of Ms Hecker and made orders for the erection of a fence and ancillary orders for the clearing of obstructions or encroachments along the boundary in the line of the fence. Ms He appeals those orders. 2The plaintiff in this Court is Ji He who was the defendant in the Local Court proceedings. The defendant in this Court is Allyson Hecker who was the plaintiff in the Local Court. For convenience and to avoid confusion, I shall refer to the parties by name. At the hearing of this appeal both parties were self represented. Ms He was assisted by an interpreter.