Fallon v Croese [2016] NSWCATCD 40

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fallon v Croese [2016] NSWCATCD 40 Hearing dates: 29 March 2016 Decision date: 11 May 2016 Jurisdiction: Consumer and Commercial Division Before: K Ross, General Member Decision: 1 A new Colorbond sheet metal dividing fence 1.8 metres high, in woodland grey, is to be erected on the common boundary line between the applicant's and the respondents' adjoining lands, as surveyed by Parker Scanlon.

2 The fencing work is to be carried out by a contractor of the respondents' choice ("the fencing contractor").

3 The applicants are to contribute the sum of $1,225.00 to the cost of erection of the fence.

4 Subject to availability of the fencing contractor, the fencing work is to commence not later than 31 August 2016.

5 The fencing work is to be carried out in a good and workmanlike manner using new materials. The contractor must be appropriately qualified and licensed.

6 The respondents are to provide details of the proposed contractor, including contact and license details and a detailed scope of works to the applicants not less than 7 days before construction of the fence is to commence.

7 The respondents must pay the whole cost of the fencing work to the fencing contractor on or before the date of completion of the fencing work and will be the only party to give instructions to the fencing contractor in relation to the carrying out of the fencing work.

8 The applicants are to pay the respondents their contribution on the day of completion of the fencing work, without deduction or allowance.