Tompkins v Fonseka [2024] NSWCATAP 262

Tompkins v Fonseka [2024] NSWCATAP 262

The appeal was dismissed because the orders made by the Tribunal were within the scope of the application and supporting documents, the Appellant was not denied procedural fairness, the application was not vexatious or misconceived, and there was no demonstrated miscarriage of justice. The quantum payable by the Appellant was amended to reflect the latest quotation, specifying $790 payable.

Parties
Appellant: David Edmund John Tompkins; First Respondent: Jude Fonseka; Second Respondent: Roshanie Fonseka
Jurisdiction
Australia
Judgment Date
20 December 2024
Procedural Posture
Appeal / Decision of Appeal Panel
Outcome
Appeal dismissed with modification to order as to quantum and lifting of stay.
Legal Topics
Dividing Fences, Appeal Procedures, Procedural Fairness
Civil Law Property Law Dividing Fences Appeal Procedures Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

David Edmund John Tompkins

Appellant

Jude Fonseka

First Respondent

Roshanie Fonseka

Second Respondent

Procedural Posture

Appeal / Decision of Appeal Panel

Legal Issues

  1. 1 Whether the orders made by the Tribunal at first instance were consistent with the application and evidence before it
  2. 2 Whether the Appellant suffered procedural unfairness
  3. 3 Whether the application was vexatious

Ratio Decidendi

The appeal was dismissed because the orders made by the Tribunal were within the scope of the application and supporting documents, the Appellant was not denied procedural fairness, the application was not vexatious or misconceived, and there was no demonstrated miscarriage of justice. The quantum payable by the Appellant was amended to reflect the latest quotation, specifying $790 payable.

Court Disposition

Appeal dismissed with modification to order as to quantum and lifting of stay.

Orders

  • Appeal dismissed except for the purposes of order 2.
  • Order 2 made in proceedings 2024/00031420 on 26 August 2024 is set aside. In its place, the Appeal Panel orders the Appellant to pay the Respondents $790 within seven days.