Nham & anor v Hayes & anor [2018] NSWCATCD 17

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nham & anor v Hayes & anor [2018] NSWCATCD 17 Hearing dates: 26 April 2018 Date of orders: 23 May 2018 Decision date: 23 May 2018 Jurisdiction: Consumer and Commercial Division Before: D Ash, General Member Decision: (1) Yvonne Rao is joined as the second applicant. (2) The application is dismissed. Catchwords: Land Law – Dividing Fences – Retaining Walls Legislation Cited: Dividing Fences Act 1991 Dividing Fences and Other Legislation Amendment Act 2008 Cases Cited: Larney v Johannson [2013] NSWCA 409 Texts Cited: New South Wales Law Reform Commission, Dividing Fences Report, LRC 59, 1988 Category: Principal judgment Parties: Vi Sieu Nham and Yvonne Rao (applicants) Lawrence Hayes and Janet Hayes (respondents) Representation: Counsel: Greg Niven (applicants) Michael Kloosters (respondents)

Solicitors: Gary Pickering (applicants) Snelgroves (respondents) File Number(s): COM 17/08882 Publication restriction: Unrestricted

REASONS FOR DECISION

JURISDICTION 1. This application was commenced on 20 February 2017 by the lodgement of a Dividing Fences Application at the Tribunal. In item 10 of the application, orders under section 12(1) of the Dividing Fences Act 1991 (NSW) (the Act) are sought. No other orders are sought. 2. The Tribunal receives jurisdiction to hear and determine any matter under the Act, by s 13(1). The Tribunal is satisfied that it has jurisdiction to hear and determine the application. The application was heard by the Tribunal on 26 April 2018. These and the following paragraphs are the Reasons for Decision.