Grose v Bolton; Bolton v Grose [2019] NSWCATCD 42

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Grose v Bolton; Bolton v Grose [2019] NSWCATCD 42 Hearing dates: 19 December 2018 Date of orders: 03 May 2019 Decision date: 03 May 2019 Jurisdiction: Consumer and Commercial Division Before: G J Sarginson, Senior Member Decision: The orders sent to you on [date] have been amended under Section 63 of the NSW Civil and Administrative Tribunal Act 2013 and should read as follows:

1. Ms Rebecca Grose is to perform fencing work on the boundary between her property and the property of Ms Rika Bolton in Annandale NSW on or before 8 weeks from the date of this decision. The work is to be performed as stipulated in these orders

2. The fencing work is to be performed on the common boundary of the properties of Ms Grose and Ms Bolton as identified in the survey certificate of Mr Ian Wicks, Registered Surveyor dated 20 December 2017.

3. The fence is to be constructed as a lapped and capped timber dividing fence with a maximum height of 2.2m above the existing retaining wall between the properties, with the exception of the following:

i. Adjacent to the North facing elevated drying deck on Ms Bolton's property, a maximum height of 2.4m above the existing retaining wall.

ii. From the North West corner back towards the building line of Ms Bolton's property (1.5 m from the front boundary) the fence is to be a maximum height of 1860 mm matching the height of the proposed front fence contained in the Inner West Council Notice of Determination of Development Application No: D/2015/745.

iii. The fence palings are to face Ms Bolton's property and the railings are to face Ms Grose's property.