Bolton v Grose [2019] NSWCATAP 251

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bolton v Grose [2019] NSWCATAP 251 Hearing dates: 10 July 2019 Date of orders: 10 October 2019 Decision date: 10 October 2019 Jurisdiction: Appeal Panel Before: Armstrong J, President T Simon, Senior Member Decision: (1) Leave to appeal is refused (2) The appeal is dismissed (3) The stay order made 14 May 2019 is lifted (4) The respondent is to provide to the Appeal Panel and the appellant, either in person or by post, any submissions and documents in relation to any application for costs by 16 October 2019. (5) The appellant is to provide to the Tribunal and applicant, either in person or by post, submissions and documents on costs by 30 October 2019. (6) Costs will be determined on the papers. If either party seeks to be heard in person, they should advise the Registry prior to 30 October 2019 setting out the reasons why and the registry will advise in due course. Catchwords: APPEAL – dividing fence, procedural fairness, jurisdiction, sufficiency of fence, development application, leave to appeal, no issue of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Dividing Fences Act 1991 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: None cited Category: Principal judgment Parties: Rika Bolton (Appellant) Rebecca Grose –(Respondent) Representation: Solicitors: JBL Solicitors (Appellant) Burridge and Legg Solicitors (Respondent) File Number(s): AP 19/22083 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 3 May 2019 Before: G. J Sarginson, Senior Member File Number(s): HB 18/40191 and HB 18/49990