Gillard v Russell [2018] NSWCATCD 69

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gillard v Russell [2018] NSWCATCD 69 Hearing dates: 5 September 2018 Date of orders: 08 November 2018 Decision date: 08 November 2018 Jurisdiction: Consumer and Commercial Division Before: P Boyce, Senior Member Decision: (1) Orders (a) The line of the dividing fence and retaining wall between 18 ***** Place ********** and 21 ***** Place *********** along Boundary "B" is to be centred on the common boundary line as defined by surveyors, Pinnacle Land Surveyors. (b) The applicants are to trim and cut their paving to provide a clear working area for the erection for the new fence at their sole expense. (c) The retaining wall beneath the dividing fence is to be constructed of treated pine sleepers placed on their side and fixed so that they act as a retaining wall and footing or foundation and plinth for the proposed dividing fence and are to be installed as part of the fencing work at the joint cost of the parties. (d) A new dividing fence is to be constructed of colorbonded sheet metal fence supported on steel posts concreted into the ground and have a height of 1.5 metres high above the surface level of the applicants' land at the common boundary line between the applicants' land and the respondent's land at the joint cost of the parties. (e) The applicants must pay to the respondent on or before the 20 November 2018 the amount of $1,177.00 as their contribution to the survey work carried out by Pinnacle Land Surveyors to identify the common boundary.

(2) Facilitating Orders (a) Each party is to obtain at least one (1) quote from a licensed fencing contractor for the fencing work set out in these orders within one (1) month of the date of publication of these Reasons for Decision. (b) The fencing contractor is not to be Local Fencing Pty Ltd. (c) The parties are to exchange their respective quotes with each other within seven (7) days of receipt of their quote. (d) The parties are to agree on the quote to be accepted. (e) If a quote is not obtained by the respondents within one (1) month of the date of publication of these Reasons for Decision, then the quote obtained by the applicants will be the quote to be accepted; (f) If both parties obtain a quote within the time allowed under these orders and there is absence of agreement between the parties within 6 weeks of the date of publication of these Reasons for Decision as to which quote is to be accepted, the quote or quotes are to be referred to the Presiding Tribunal Member for decision as to which quote will be selected. In making the decision, the Tribunal Member:- (i) Will not consider submissions made by either party in respect of the acceptability or otherwise of the quotes submitted; (ii) is not bound to select the lowest quote submitted by the parties; (iii) is not obliged to satisfy themselves as to the bona fides or license status of the proposed fencing contractors; (g) The applicants must pay the cost of the fencing work to the fencing contractor and will be the only party to give instructions to the fencing contractor in relation to the carrying out of the fencing work. (h) Subject to availability of the fencing contractor, the fencing work is to be completed within three (3) months of acceptance of the quote. (i) The fencing work is to be carried out with due care and skill using new materials. (j) The fencing contractor is to be paid on the day the fencing work is completed. (k) The respondent is to pay to the applicants her contribution, as ordered in these orders, within seven (7) days of completion of the fencing work, without deduction or allowance.