Larney v Johannson [2013] NSWCA 409

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Larney v Johannson [2013] NSWCA 409 Hearing dates: 12 November 2013 Decision date: 09 December 2013 Before: Meagher JA at [1]; Barrett JA at [14]; Emmett JA at [21] Decision: 1. Leave to appeal be granted. 2. The appeal be dismissed with costs. Catchwords: APPEAL - civil - Dividing Fences Act 1991 - whether power under Act to order removal of fence - whether "fencing work" includes removal of fence - whether proper notice under s 11 was served by appellant owner requiring adjoining respondent owner to contribute to removal of fence erected by respondent owner - where respondent owner who erected fence initially served notices on appellant requiring contribution but then erected fence without seeking contribution - where respondent owner's fence determined to be a sufficient dividing fence - where appellant owner purported to apply under Act to remove fence Legislation Cited: Crown Lands Act 1989 Dividing Fences Act 1991 Fences Dividing Fences Act 1988 Local Government Act 1993 Supreme Court Act 1970, s 101(2)(r) Cases Cited: Alwiah v Watts [2004] NSWSC 948 Larney v Johannson [2012] NSWSC 1297 Texts Cited: Digest of Justinian 10.1 Justinian's Institutes 4.17.6 New South Wales Law Reform Commission, Dividing Fences Report 59, December 1988 - Community Law Reform Program: Dividing Fences Category: Principal judgment Parties: Ismail Larney (Appellant) Angela Johannson (Respondent) Representation: Counsel: