Nancarrow v Donvito [2017] NSWCATAP 97

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nancarrow v Donvito [2017] NSWCATAP 97 Hearing dates: 10 March 2017 Date of orders: 03 May 2017 Decision date: 03 May 2017 Before: Hon F Marks, Principal Member T Simon, Senior Member Decision: (1) The appeal is allowed (2) The order made by the Member in COM 16/20259 is quashed (3) The matter is referred to the Consumer and Commercial Division to be determined by a different Member Catchwords: Appeal-failure to give reasons-appeal as of right-further disposition of proceedings - Dividing Fences Act application-held existing fence sufficient dividing fence- Application remitted for further hearing Legislation Cited: Dividing Fences Act Civil and Administrative Tribunal Act Cases Cited: Larney v Johannson [2013] NSWCA 409 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Collins v Urban [2014] NSWCATAP17 Lindsay v Johnston [2014] NSWCATCD 45 Category: Principal judgment Parties: Jason Nancarrow and Michelle Black (appellants) John Donvito and Dianne Wilder (respondents) Representation: Appellant in person Respondent in person File Number(s): AP 16/55084 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 8 December 2016 Before: K Holwell General Member File Number(s): COM 16/20259