Mac Anally v Roper [2014] NSWCATCD 38

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mac Anally v Roper [2014] NSWCATCD 38 Decision date: 02 April 2014 Jurisdiction: Consumer and Commercial Division Before: G Bassett, General Member Decision: 1) The parties are to replace the unrepairable 24 metres of old existing wooden boundary fence with wooden fencing. 2) The cost of the fencing work is to be shared equally between the parties. Catchwords: Colourbond, Timber, Sufficient, Dividing Fence Legislation Cited: Sections, 4, 6, 7, 14 Dividing Fences Act 1991 Cases Cited: He v Hecker [2013] NSWSC 1219

Larney v Johannson [2012] NSWSC 1297 Category: Principal judgment Parties: Martin Mac Anally and Michelle Mac Anally (applicants) Gai Roper (respondent) Representation: M Martin Mac Anally for the applicants G Roper (in person) File Number(s): COM 13/60688

reasons for decision

APPLICATION 1The originating application was to the Local Land Board for an order for fencing work. In a letter dated 12 December 2013, the Senior Chairperson for the Local Land Board indicated fencing matters were to be determined by the NSW Administrative Tribunal (NCAT) from 1 January 2014. 2On 17 January 2014 the matter came before General Member Simon. Directions were made in relation documents to be relied on at hearing. Those documents indicated a surveyor or export report could be provided. 3The order sought in the notice of fencing work dated 9 September 2013 under Section 11 of the Dividing Fences Act 1991 ("the Act") was: "Replace unrepairable 24 meters of old existing wooden boundary fence, with Colourbond fence that matches the existing 9 meters of newly erected Colourbond fence from the Council boundary." 4The estimated cost totalled $2,404.00. The extra cost for colourbond as opposed to timber was stated as $204.00 which the applicant agreed to pay. The respondent was asked to pay $1,100.00.