Purcell v Chadwick [2018] NSWCATAP 250

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Purcell v Chadwick [2018] NSWCATAP 250 Hearing dates: 11 September 2018 Date of orders: 19 October 2018 Decision date: 19 October 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member G Sarginson, Senior Member Decision: The appeal is dismissed Catchwords: DIVIDING FENCES – jurisdiction to make order – meaning of "sufficient" – relevant considerations – leave to appeal findings of fact Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Dividing Fences Act 1991 (NSW) Cases Cited: Alwiah v Watts & Anor [2004] NSWSC 948 Collins v Urban [2014] NSWCATAP 17 Craig v The State of South Australia (1995) 184 CLR 163; [1995] HCA 58 Larney v Johannson [2012] NSWSC 1297 Larney v Johannson [2013] NSWCA 409 Texts Cited: Nil Category: Principal judgment Parties: Appellant: James Alfred Purcell Respondent: Max Chadwick Representation: Appellant: In person Respondent: No appearance File Number(s): AP 18/31629 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 20 June 2018 Before: S De Jersey, General Member File Number(s): COM 18/14724