NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nicholls v Fortmann [2020] NSWCATAP 52 Hearing dates: 21 January 2020 Date of orders: 19 March 2020 Decision date: 19 March 2020 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member G Sarginson, Senior Member Decision: (1) Leave to appeal is refused and the appeal is dismissed. Catchwords: ENVIRONMENT AND PLANNING – fences and boundaries – dividing fence – sufficient dividing fence Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80(2)(b), Sch 4 cl 12 Dividing Fences Act 1991 (NSW), s 4 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Larney v Johannson [2013] NSWCA 409 Purcell v Chadwick [2018] NSWCATAP 250 Texts Cited: None cited Category: Principal judgment Parties: Melinda Nicholls (Appellant) Louis Fortmann (First respondent) Margaretha Fortmann (Second respondent) Representation: Counsel: P Menadue (Respondents)
Solicitors: Navado Lawyers & Solicitors (Appellant) Penmans Solicitors (Respondents) File Number(s): AP 19/47950 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 25 September 2019 Before: S Hanstein, General Member File Number(s): COM 19/22938
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