Magiros v Niven [2017] NSWCATCD 48

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Magiros v Niven [2017] NSWCATCD 48 Hearing dates: 15 March 2017; Submissions closed 24 May 2017 Decision date: 22 June 2017 Jurisdiction: Consumer and Commercial Division Before: P Boyce, Senior Member Decision: 1. The application is dismissed Catchwords: DIVIDING FENCE-time for bringing application, service of multiple fencing notices, ability to amend fencing notice after proceedings commenced, jurisdiction of Tribunal in premature application Legislation Cited: Civil and Administrative Tribunal Act 2013 Dividing Fences Act 1991 Civil Procedure Act 2005 Cases Cited: Larney v Johannson [2013] NSWCA 409 Itek Graphix Pty Ltd v Elliott (2002) 54 NSWLR 207 Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Category: Principal judgment Parties: Applicant: Harry Magiros Respondent: Audrey Niven Representation: Solicitors: Applicant : GA Lawyers Respondent: Tiernan Lawyers

Counsel: Applicant: N Hammond Respondent: C.Wilson File Number(s): COM 16/51599 Publication restriction: Unrestricted

reasons for decision

Parties 1. The applicant is the owner of 42 ********** Burraneer (called in these Reasons for Decision "the applicants' land"). 2. The respondent is the owners of 40 ********** Burraneer (called in these Reasons for Decision "the respondent's land"). 3. This is an application for orders to carry out certain fencing works on the applicant's land along the eastern boundary between his land an adjoining land owned by the respondent.