Samitz & Samitz v Connolly & Turnbull [2016] NSWCATCD 24

Samitz & Samitz v Connolly & Turnbull [2016] NSWCATCD 24

The dividing fence was insufficient. The most cost-effective and suitable quotation for a new treated pine paling fence was provided by Local Fencing. Both parties must share equally in the cost of fencing and survey. The fence line must be cleared for works, and the fence constructed per the contractor's quote within three months.

Parties
Applicant: H P & R M Samitz; Respondent: J Connolly and L Turnbull
Jurisdiction
Australia
Judgment Date
03 March 2016
Procedural Posture
Tribunal Application / Final Decision
Outcome
orders made for construction of new dividing fence and apportionment of costs
Legal Topics
Dividing Fences, Contribution to Fencing Costs
Property Law Dividing Fences Contribution to Fencing Costs

Case Brief

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Parties

H P & R M Samitz

Applicant

J Connolly and L Turnbull

Respondent

Procedural Posture

Tribunal Application / Final Decision

Legal Issues

  1. 1 Whether the existing dividing fence is sufficient under the Dividing Fences Act 1991
  2. 2 How costs for new fence and survey report should be apportioned
  3. 3 Which contractor's quote should be accepted for the fencing work

Ratio Decidendi

The dividing fence was insufficient. The most cost-effective and suitable quotation for a new treated pine paling fence was provided by Local Fencing. Both parties must share equally in the cost of fencing and survey. The fence line must be cleared for works, and the fence constructed per the contractor's quote within three months.

Court Disposition

orders made for construction of new dividing fence and apportionment of costs

Orders

  • A treated pine single paling fence is to be built in accordance with the quotation from Local Fencing dated 20 January 2016 on or before 1 April 2016. Fence is 25 m x 1.8 Treated Pine Paling.
  • Parties to share the cost of the fence equally.