Croese v Maidment [2016] NSWCATAP 149

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Croese v Maidment [2016] NSWCATAP 149 Hearing dates: 7 June 2016 Date of orders: 29 June 2016 Decision date: 29 June 2016 Jurisdiction: Appeal Panel Before: M Dicker SC, Senior Member D Fairlie, Senior Member Decision: 1. The appeal is dismissed. 2. Leave to rely on the new evidence is refused in relation to both parties. 3. Each party is to pay their own costs of the appeal. 4. Any stay in relation to the orders made on 29 March 2016 is vacated. Catchwords: APPEAL – Dividing Fences Act 1991 (NSW) – Whether dividing fence erected substantially complied with the terms of the agreement between the parties – New evidence – Leave to appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Dividing Fences Act 1991 (NSW) Cases Cited: Cordon Investments Pty Limited v Lesdor Properties Pty Limited [2012] NSWCA 184 Electricity Generation Corporation v Woodside Energy Limited (2014) 251 CLR 640 Texts Cited: Nil Category: Principal judgment Parties: Jason William Croese – Appellant Michael Maidment - Respondent Representation: Appellant - Self- Represented

Respondent - Self- Represented File Number(s): AP 16/19603 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 29 March 2016 Before: K Ross, General Member File Number(s): COM15/61714