Hylton v Hayes [2019] NSWCATCD 41

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hylton v Hayes [2019] NSWCATCD 41 Hearing dates: 16 April 2019 Date of orders: 10 May 2019 Decision date: 10 May 2019 Jurisdiction: Consumer and Commercial Division Before: D A C Robertson, Senior Member Decision: 1. Within six months of the date of this decision the applicants are to arrange the construction, along the boundary line of the properties the subject of this dispute, of a Colorbond fence 1.8 metres high in cream.

2. The respondents are to pay the applicants, to their solicitors' trust account, half the cost of construction of the fence as established by a contractor's invoice, less the sum of $25.20 being half the tip fees incurred by the respondents in disposing of the pine fence. That payment is to be made within seven days of completion of the fence.

3. There will be no order as to costs of the application. Catchwords: LAND LAW – Dividing Fences – Consent Orders – construction of consent orders – whether consent orders can be set aside – common mistake – unilateral mistake Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Dividing Fences Act 1991 (NSW) Cases Cited: Clasic International Pty Ltd v Lagos (2002) 60 NSWLR 241 Yuen v Thom [2016] NSWCATAP 243 Category: Principal judgment Parties: Peter Roland Hylton and Rose Yetta Hylton (Applicants) Peter Hayes and Amy Elizabeth Henmen (Respondents) Representation: Solicitors: L C Muriniti & Associates (Applicants)