Rose v Graham & Wyn [2015] NSWCATCD 92

Rose v Graham & Wyn [2015] NSWCATCD 92

The Tribunal found the existing dividing fence for the affected 16 meters was insufficient, triggering jurisdiction to order replacement. It determined hardwood palings with galvanised steel posts were a sufficient dividing fence given the evidence and circumstances, ordered erection on the common boundary as marked by a registered surveyor, set requirements for licensed contractors, and apportioned costs as specified.

Jurisdiction
Australia
Judgment Date
05 August 2015
Procedural Posture
Civil / Final Determination
Outcome
Orders granted for replacement of dividing fence with specification and cost apportionment
Legal Topics
['dividing Fences' 'contribution to Fencing Work' 'sufficient Dividing Fence' 'licensed Contractor']
['property'] ['dividing Fences' 'contribution to Fencing Work' 'sufficient Dividing Fence' 'licensed Contractor']

Case Brief

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Procedural Posture

Civil / Final Determination

Legal Issues

  1. 1 ['whether the existing dividing fence is sufficient under the Dividing Fences Act 1991' 'apportionment of costs for fencing work' 'choice of fencing contractor and materials' 'measurement of fence height' 'jurisdiction to determine support structures and gates']

Ratio Decidendi

The Tribunal found the existing dividing fence for the affected 16 meters was insufficient, triggering jurisdiction to order replacement. It determined hardwood palings with galvanised steel posts were a sufficient dividing fence given the evidence and circumstances, ordered erection on the common boundary as marked by a registered surveyor, set requirements for licensed contractors, and apportioned costs as specified.

Court Disposition

Orders granted for replacement of dividing fence with specification and cost apportionment

Orders

  • ["Common boundary line to be determined and pegged by a registered surveyor at applicants' sole expense." '16 metres of the existing dividing fence to be demolished and removed; fence line cleared.' 'Hardwood lapped paling fence 1.8m high, 16m long, erected on hardwood rails and galvanised steel posts, concrete...