Butler v Gibson [2019] NSWCATAP 86

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Butler v Gibson [2019] NSWCATAP 86 Hearing dates: 4 October 2018 Date of orders: 12 April 2019 Decision date: 12 April 2019 Jurisdiction: Appeal Panel Before: F Corsaro SC, Senior Member K Ransome, Senior Member Decision: (1) Appeal dismissed. Catchwords: DIVIDING FENCE - Procedural fairness - denial of access ---whether error of law established – whether leave to appeal justified – whether decision just and equitable – whether decision contrary to the weight of the evidence – failure to weigh evidencce Legislation Cited: Dividing Fences Act 1991 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW). Cases Cited: Collins v Urban [2014] NSWCATAP 17 Italiano v Carbone [2005] NSWCA 177 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 O'Neill v T&I Engines Pty Ltd [2015] NSWCATAP 141 Roberts v Morphett Constructions Pty Ltd [2018] NSWCATAP 126 In re Coldham; Ex parte Municipal Officers Association of Australia [1989] HCA 13 (1984) ALR 208 Sullivan v Department of Transport (1978) 20 ALR 323 In Re Media, Entertainment and Arts Alliance, Ex parte Hoyts Corporation Ltd [1994] HCA 66, (1994) 119 ALR 206 Category: Principal judgment Parties: Jody Butler (Appellant) Gregory Gibson and Lisa Gibson (Respondents) Representation: The Appellant, in person The Respondents, in person File Number(s): AP 18/32448 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 25 June 2018 Before: P Smith, General Member File Number(s): COM 18/08258