Turra v Biggin [2014] NSWCATCD 187

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Turra v Biggin [2014] NSWCATCD 187 Hearing dates: 19 August 2014 Decision date: 03 October 2014 Before: P Boyce, Senior Member Decision: 1.The application is dismissed Catchwords: Jurisdiction Legislation Cited: Civil and Administrative Act 2013 Dividing Fences Act 1991 Cases Cited: None Texts Cited: None Category: Principal judgment Parties: John Turra (applicant) Mark Biggin (respondent) File Number(s): COM 14/20765 Publication restriction: None

reasons for decision

BACKGROUND 1The applicant is the owner of 35 *****Avenue Ryde (called in these Reasons for Decision "the applicant's land"). 2The respondent is the owner of 37 *****Avenue Ryde (called in these Reasons for Decision "the respondent's land"). 3The applicant's and the respondent's lands adjoin and they share a common boundary. 4Along the common boundary there was a hardwood paling fence about 53.5 metres long. 5On 14 April 2014 the applicants served on the respondent a notice pursuant to s 11 of the Dividing Fences Act 1991 (called in these Reasons for Decision "the Notice"). 6The Notice proposed that fencing work be carried out as follows: (1)Properties affected (street address) (a)Applicant's land; (b)Respondent's land (2)The fencing work proposed: (a)The fencing work be carried out on the common boundary of the adjoining lands described above. (b)The fencing work consists of building a 53.5 m long, 1.8 m high colorbond fence. The fence is to be built by TopNotch Installations & Maintenance. Quotation attached. (c)The estimate cost of the fencing work of $4,200.00 be born in equal proportions. 7The respondent did not agree to the proposed fencing work as set out in the Notice.