Josephine Rainbird v Mr and Mrs A and F Ghahyazi [2014] NSWCATCD 92

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Josephine Rainbird v Mr and Mrs A and F Ghahyazi [2014] NSWCATCD 92 Hearing dates: 14 May 2014 Decision date: 30 May 2014 Before: S Westgarth, Deputy President Decision: 1.The applicant will cause to be constructed on the boundary line between the applicant's property and the respondent's property a paling fence 1.8metres in height and 7.47 metres in length. 2.The paling fence referred to in order 1 above will be constructed of metal upright poles with lapped or capped treated pine and will be constructed by Interloc Fencing and Screens in accordance with its quotation dated 21 July 2013. 3.The paling fence will be constructed between Point B on the sketch plan forming part of the settlement agreement between the parties dated 14 May 2014 and the corner boundary of the respective properties at the Gladstone Street end of the properties. 4.The parties will share the cost of the fence equally between them provided that the respondents shall not pay more than 50% of $2,574.47 (being the amount in the quotation from Interloc) inclusive of the amount paid by the respondents pursuant to the settlement agreement between the parties. 5.Application COM 14/4490 is dismissed. 6.The respondents will pay the applicant's costs as agreed or as assessed on the ordinary basis. Catchwords: Dividing Fence, Costs pending proceedings Legislation Cited: Civil and Administrative Tribunal Act 2013 (the Act) Dividing Fences Act 1991 (DFA) Cases Cited: Cobiac v Liddy (1969) 119CLR257 Category: Principal judgment Parties: Josephine Rainbird (applicant)