Gibbs v Draper [2014] NSWCATCD 83

Gibbs v Draper [2014] NSWCATCD 83

The existing timber dividing fence was insufficient. Given the locality, residential use, privacy concerns, swimming pool safety requirements, and lack of predominant fencing material, the Tribunal determined a Colorbonded sheet metal fence 1.8 metres high was a sufficient dividing fence under the Act. The applicant alone is liable for the pool barrier portion, while respondents are ordered to contribute 50% of the cost for the remaining non-pool section.

Jurisdiction
Australia
Judgment Date
23 May 2014
Procedural Posture
Civil / Final Decision
Outcome
orders made for new Colorbonded fence and apportionment of costs
Legal Topics
['dividing Fences' 'apportionment of Costs' 'swimming Pool Safety Barriers']
['property'] ['dividing Fences' 'apportionment of Costs' 'swimming Pool Safety Barriers']

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Procedural Posture

Civil / Final Decision

Legal Issues

  1. 1 ['What is the standard of a sufficient dividing fence for the purposes of the Dividing Fences Act?' 'To what extent does the Swimming Pools Act 1992 affect apportionment of fencing costs?' 'What obligations fall to parties regarding fencing and pool safety under relevant legislation?']

Ratio Decidendi

The existing timber dividing fence was insufficient. Given the locality, residential use, privacy concerns, swimming pool safety requirements, and lack of predominant fencing material, the Tribunal determined a Colorbonded sheet metal fence 1.8 metres high was a sufficient dividing fence under the Act. The applicant alone is liable for the pool barrier portion, while respondents are ordered to contribute 50% of the cost for the remaining non-pool section.

Court Disposition

orders made for new Colorbonded fence and apportionment of costs

Orders

  • ['The existing dividing fence is to be demolished and removed, and the fence line cleared for new fencing work.' 'A new Colorbonded sheet metal dividing fence 1.8 metres high is to be erected along the common boundary.' 'Fencing work to be carried out by David Evans & Son in accordance with the quote of 16 October...