Butler v Gibson [2019] NSWCATAP 86

Butler v Gibson [2019] NSWCATAP 86

There was no denial of procedural fairness as Ms Butler had a reasonable opportunity to seek access and produce evidence but did not avail herself of it; the Tribunal's error in describing an engineer's report did not result in procedural unfairness or an unjust outcome; the evidence justified the Tribunal's findings, and there was no substantial miscarriage of justice or basis to grant leave to appeal.

Parties
Appellant: Jody Butler; Respondent: Gregory Gibson; Respondent: Lisa Gibson
Jurisdiction
Australia
Judgment Date
12 April 2019
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Appeal dismissed
Legal Topics
Dividing Fences, Procedural Fairness, Appeals, Evidentiary Matters
Property Law Tribunal Procedure Dividing Fences Procedural Fairness Appeals Evidentiary Matters

Case Brief

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Parties

Jody Butler

Appellant

Gregory Gibson

Respondent

Lisa Gibson

Respondent

Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether there was a denial of procedural fairness due to denial of access
  2. 2 Whether the Tribunal erred in its findings regarding engineer's report
  3. 3 Whether orders were based on incorrect assumptions as to safety and longevity

Ratio Decidendi

There was no denial of procedural fairness as Ms Butler had a reasonable opportunity to seek access and produce evidence but did not avail herself of it; the Tribunal's error in describing an engineer's report did not result in procedural unfairness or an unjust outcome; the evidence justified the Tribunal's findings, and there was no substantial miscarriage of justice or basis to grant leave to appeal.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No change to the original Tribunal orders.