Taylor v Joye [2018] NSWCATAP 309

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Taylor v Joye [2018] NSWCATAP 309 Hearing dates: 29 October 2018 Date of orders: 20 December 2018 Decision date: 20 December 2018 Jurisdiction: Appeal Panel Before: R C Titterton, Principal Member R L Hamilton SC, Senior Member Decision: 1. Leave to extend the time to file the Notice of Appeal granted. 2. Appeal allowed. 3. Application dismissed. 4. Respondent to file and serve submissions on costs by 4 January 2019. 5. Appellants to reply by 11 January 2019. Catchwords: APPEALS - Appeal from an ancillary decision finding that there was no jurisdiction – s 22 Dividing Fences Act 1991 - error of law- inadequate reasons- appeal allowed-rehearing by Appeal Panel – dispensation with oral hearing - extension of time to file Notice of Appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Dividing Fences Act 1991 (NSW) Cases Cited: Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Collins v Urban [2014] NSWCATAP 17 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Mifsud v Campbell (1991) 21 NSWLR 725 Mitchell v Cullingral Pty Ltd [2012] NSWCA 389 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Appellants: David Taylor and Rosemary Taylor Respondent: Ashley Joye Representation: Appellants: Self-represented by Mr D Taylor Respondent: Mr D Thomas instructed by Sunman & Walker File Number(s): AP 18/34975 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 28 June 2018 Before: P Boyce, General Member File Number(s): COM 17/42631