Philip Mckay v Stuart Earl Greentree and Nadeen Maree Greentree [2014] NSWCATCD 69

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Philip Mckay v Stuart Earl Greentree and Nadeen Maree Greentree [2014] NSWCATCD 69 Hearing dates: 28 August 2013 Decision date: 07 May 2014 Before: P Boyce, Senior Member Decision: The application is dismissed Catchwords: Sufficient Dividing fence, Retaining Wall Legislation Cited: Dividing Fences Act 1991 Dividing Fences Act 1951 Crown Lands Act 1989 Civil And Administrative Tribunal Act 2013 Cases Cited: Alwiah v Watts And Anor [2004] NSWSC 948 Brown v Doyle [2012] NSWSC 1269 Larney v Johannson [2012] NSWSC 1297 Larney v Johannson [2013] NSWCA 409 Riggio v The Estate Of The Late Phyllis Annette Lockard [2011] NSWLEC 1292 Warringah Properties Pty Limited v Babij (Snr) And 1 Ors [2006] NSWSC 702 Kontikis & Anor v Schreiner & Ors (1989) 16 NSWLR 706 Riggio v The Estate Of The Late Phyllis Annette Lockard [2011] NSWLEC 1292 Category: Principal judgment Parties: Philip Mckay (applicant) Stuart Earl Greentree and Nadeen Maree Greentree (respondents) Representation: Applicant: In Person (Philip Mckay) Respondents: Mr J David, Solicitor, Hansons Lawyers Mr J David, Solicitor Hansons Lawyers (Stuart Earl Greentree Nadeen Maree Greentree (respondents) File Number(s): COM 14/21132

reasons for decision

JURISDICTION 1This application was commenced by filing on 18 March 2013 in the registry of the Local Land Board. 2The application was heard by the Board on 28 August 2013. 3On 29 August 2013 the Chairperson conducted a view of the subject land without the presence of the parties, but with their consent. 4The time for making written submissions ceased on 25 October 2013. 5On 31 December 2013 the provision in the Crown Lands Act 1989 establishing and granting jurisdiction to the Local Land Borards were repealed. 6Division 3 of Schedule 1 of the Civil and Administrative Tribunal Act 2013 contains savings and transitional provision for pending proceedings commenced before 1 January 2014 in an existing Tribunal that has been abolished. 7NCAT may determine such matters and exercise all functions that the relevant existing Tribunal had immediately before its abolition, applying the provisions of any Act that would have applied to or in respect of the proceeding, had the NCAT Act and the enabling amending Acts not been enacted. 8The application is determined by NCAT. 9A reference in these reasons for decision to the Local Land Board or Board is a reference to the Tribunal and vice versa.