Turra v Biggin [2014] NSWCATCD 187

Turra v Biggin [2014] NSWCATCD 187

The application was filed before the one-month period required by s 12 of the Dividing Fences Act 1991 had elapsed after service of the s 11 notice, there was no evidence that urgent fencing work under s 9 applied, and the Tribunal had no power under the NCAT Act to shorten the statutory period or otherwise remedy the premature filing. No jurisdiction existed until a valid application was filed, so the application was dismissed.

Jurisdiction
Australia
Judgment Date
03 October 2014
Procedural Posture
Application to NCAT for Fencing Orders Under the Dividing Fences Act 1991 / Principal Judgment
Outcome
The application is dismissed.
Legal Topics
['dividing Fences' 'tribunal Jurisdiction' 'premature Application' 'notice to Carry Out Fencing Work']
['civil and Administrative Law' 'property Law'] ['dividing Fences' 'tribunal Jurisdiction' 'premature Application' 'notice to Carry Out Fencing Work']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application to NCAT for Fencing Orders Under the Dividing Fences Act 1991 / Principal Judgment

Legal Issues

  1. 1 ['Whether the Tribunal had jurisdiction to hear and determine an application for fencing orders filed before one month had elapsed after service of a notice under s 11 of the Dividing Fences Act 1991.' 'Whether the premature filing of the application could be remedied by the Tribunal.' 'Whether urgent fencing work provisions under s 9 of the Dividing Fences Act 1991 applied.']

Ratio Decidendi

The application was filed before the one-month period required by s 12 of the Dividing Fences Act 1991 had elapsed after service of the s 11 notice, there was no evidence that urgent fencing work under s 9 applied, and the Tribunal had no power under the NCAT Act to shorten the statutory period or otherwise remedy the premature filing. No jurisdiction existed until a valid application was filed, so the application was dismissed.

Court Disposition

The application is dismissed.

Orders

  • ['The application is dismissed']