Fassas v Maciel [2015] NSWCATAP 60

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fassas v Maciel [2015] NSWCATAP 60 Hearing dates: on the papers Decision date: 31 March 2015 Jurisdiction: Appeal Panel Before: Redfern J, Principal Member Titterton R C, Senior Member Decision: Appeal dismissed Catchwords: Appeal – Civil and Administrative Tribunal – error of law – leave to appeal – substantial miscarriage of justice Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Pholi v Wearne [2014] NSWCATAP 78 Category: Principal judgment Parties: Theodoras Fassas and Vasiliki Fassas (Appellants) Orlando Maciel and Karen Maciel (Respondents) Representation: Counsel:

Solicitors: File Number(s): AP 14/53217 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 03 October 2014 Before: Bradford C File Number(s): COM 14/44198

REASONS

Introduction 1. Mr and Mrs Fassas seek leave to appeal from a decision of the Consumer and Commercial Division of the NSW Civil and Administrative Tribunal (the CCD) of 3 October 2014. The CCD dismissed Mr and Mrs Fassas' application for relocation of part of the fence located close to the boundary line between their property and the property of their neighbours, the respondents, Mr and Mrs Maciel. 2. For the reasons that follow we have decided to dismiss the appeal.