Gibbs v Draper [2014] NSWCATCD 83

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gibbs v Draper [2014] NSWCATCD 83 Hearing dates: 5 December 2013, 31 January 2014, 6 May 2014 Decision date: 23 May 2014 Before: P Boyce, Senior Member Decision: The existing dividing fence between the applicant's and the respondents' adjoining lands is to be demolished and removed and the fence line cleared sufficiently to allow the fencing work to be carried out as part of the fencing work the subject of these orders. A new Colorbonded sheet metal dividing fence 1.8 metres high is to be erected on the common boundary line between the applicant's and the respondents' adjoining lands. The fencing work is to be carried out by David Evans & Son in accordance with their quote of 16 October 2013 for a Colorbond fence. The applicant is responsible for the cost of the fencing work including the cost of the fencing work for the approximately 18 metres of the dividing fence that forms his swimming pool child proof safety barrier. The respondent's contribution to the cost of the fencing work will be 50% of the cost of 32 metres of fencing work as quoted by David Evans & Son ("Fencing Contractor") regardless of the final cost, that is, $1,371.52. The applicant must pay the whole cost of the fencing work to the Fencing Contractor and will be the only party to give instructions to the Fencing Contractor in relation to the carrying out of the fencing work. Subject to availability of the Fencing Contractor, the fencing work is to be completed within two (2) months of the date of these orders. The fencing work is to be carried out in a good and workmanlike manner using new materials. The Fencing Contractor is to be paid on the day the fencing work is completed. The respondents are to pay to the applicant their contribution, as ordered in these orders, within seven (7) days of completion of the fencing work, without deduction or allowance. Catchwords: Dividing fence-swimming pool fence-type of fence sufficient. Legislation Cited: Dividing Fences Act 1991 Crown Lands Act 1989 Swimming Pools Act 1992 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 Texts Cited: - Category: Principal judgment Parties: Ian Robert Gibbs (applicant) Sharon Anne Draper (respondent) Trevor William Draper (respondent) Representation: MCW Lawyers (respondents) File Number(s): COM 14/00233