Taylor v Joye [2018] NSWCATAP 309

Taylor v Joye [2018] NSWCATAP 309

The Tribunal’s reasoning on s 22 discretion was unclear and inadequately stated all relevant matters; this was an error of law justifying allowing the appeal, but on rehearing, the Panel found that the appellants should not be permitted to serve a notice under s 22, and the application should be dismissed.

Parties
Appellant: David Taylor; Appellant: Rosemary Taylor; Respondent: Ashley Joye
Jurisdiction
Australia
Judgment Date
20 December 2018
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Appeal allowed; application dismissed; extension of time to file Notice of Appeal granted; costs reserved for submissions.
Legal Topics
Dividing Fences, Jurisdiction, Appeal – Error of Law, Extension of Time – Out of Time Appeal
Property Law Dividing Fences Jurisdiction Appeal – Error of Law Extension of Time – Out of Time Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

David Taylor

Appellant

Rosemary Taylor

Appellant

Ashley Joye

Respondent

Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether the Tribunal erred in finding no jurisdiction under s 22 Dividing Fences Act 1991 (NSW)
  2. 2 Whether inadequate reasons were given constituting an error of law
  3. 3 Whether leave should be granted to serve a late notice seeking contribution to fencing work

Ratio Decidendi

The Tribunal’s reasoning on s 22 discretion was unclear and inadequately stated all relevant matters; this was an error of law justifying allowing the appeal, but on rehearing, the Panel found that the appellants should not be permitted to serve a notice under s 22, and the application should be dismissed.

Court Disposition

Appeal allowed; application dismissed; extension of time to file Notice of Appeal granted; costs reserved for submissions.

Orders

  • Leave to extend the time to file the Notice of Appeal granted.
  • Appeal allowed.