Auchettl v Kirk [2015] NSWCATAP 6

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Auchettl v Kirk [2015] NSWCATAP 6 Hearing dates: Not Applicable. Appeal determined on the papers Date of orders: 10 February 2015 Decision date: 10 February 2015 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President R Titterton, Principal Member Decision: Application for leave to appeal dismissed Appeal dismissed Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL (NSW) – appeal for leave to appeal – principles applicable Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Davie v The Lord Provost, Magistrates and Councillors of the City of Edinburgh Makita (Australia) Pty Ltd v Sprowles Texts Cited: Not applicable Category: Principal judgment Parties: Janet Auchettl (Appellant) Valerie Kirk (Respondent) Representation: Counsel: Not applicable

Solicitors: Not applicable File Number(s): AP 14/48130 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 29 August 2014 Before: K Holwell File Number(s): COM 14/33547

reasons for decision

Introduction 1. In this matter the appellant seeks to appeal from a decision of the Consumer and Commercial Division of the NSW Civil and Administrative Tribunal (the Tribunal) of 29 August 2014. 2. The parties are neighbours. The sole issue in dispute is whether the height of part of a dividing fence between their properties is to be 1800mm, as ordered by the Tribunal, or 1500mm, as sought by the appellant. 3. This is a matter where, save for one matter discussed below, the appellant requires the leave of the Appeal Panel for the appeal to proceed. For the reasons below, we consider that leave to appear, where required, should be refused, and the appeal otherwise dismissed.