Michael Lindsay and Patricia Lindsay v Scott Johnston and Jane Johnston [2014] NSWCATCD 45

Michael Lindsay and Patricia Lindsay v Scott Johnston and Jane Johnston [2014] NSWCATCD 45

The Tribunal found the existing fence to be a sufficient dividing fence under the Dividing Fences Act 1991, thus did not have jurisdiction to make orders for new fencing work and dismissed the application.

Parties
Applicants: Michael Lindsay and Patricia Lindsay; Respondents: Scott Johnston and Jane Johnston
Jurisdiction
Australia
Judgment Date
09 April 2014
Procedural Posture
Application for Order for Fencing Work / Principal Judgment
Outcome
application dismissed
Legal Topics
Adjoining Lands, Dividing Fences, Give and Take Fence
Property Law Adjoining Lands Dividing Fences Give and Take Fence

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Parties

Michael Lindsay and Patricia Lindsay

Applicants

Scott Johnston and Jane Johnston

Respondents

Procedural Posture

Application for Order for Fencing Work / Principal Judgment

Legal Issues

  1. 1 Whether the applicants and respondents are adjoining owners for the purposes of the Dividing Fences Act 1991 despite Goan Creek separating their lands
  2. 2 Whether the existing fence constitutes a sufficient dividing fence under the Dividing Fences Act 1991
  3. 3 Whether the Tribunal has jurisdiction to make orders for new fencing work

Ratio Decidendi

The Tribunal found the existing fence to be a sufficient dividing fence under the Dividing Fences Act 1991, thus did not have jurisdiction to make orders for new fencing work and dismissed the application.

Court Disposition

application dismissed

Orders

  • The application is dismissed.