Cicek v Department of Customer Service [2020] NSWLEC 83

Cicek v Department of Customer Service [2020] NSWLEC 83

The evidence relating to the position of the common boundary between Lots 7 and 8 was inconclusive due to discrepancies in survey plans, varying measurements of excess land, and changing occupations; the apportionment methodology for distributing the excess land proportionately across affected lots yields the most just and reasonable outcome and is appropriate for final determination of the boundary.

Jurisdiction
Australia
Judgment Date
02 July 2020
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
['fences and Boundaries' 'boundary Determination' 'excess of Land' 'survey Methodology' 'apportionment Method']
['environment and Planning'] ['fences and Boundaries' 'boundary Determination' 'excess of Land' 'survey Methodology' 'apportionment Method']

Case Brief

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether evidence of boundary position between Lots 7 and 8 is inconclusive' 'Whether apportionment methodology to distribute excess land and position the boundary is fair and reasonable']

Ratio Decidendi

The evidence relating to the position of the common boundary between Lots 7 and 8 was inconclusive due to discrepancies in survey plans, varying measurements of excess land, and changing occupations; the apportionment methodology for distributing the excess land proportionately across affected lots yields the most just and reasonable outcome and is appropriate for final determination of the boundary.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed.' "The determination of the common boundary between Lots 7 and 8 of DP8505, 252 and 254 Burraneer Bay Road, Caringbah South, made by the Office of the Registrar General in Boundary Determination AN763260 as notified to the applicant on 6 December 2018 is adopted as the Court's determination."...