Kerry Moskos v John Rohan Joseph [2022] NSWCATAP 276
The tribunal did not err in law or fact in finding that the Colorbond fence would not impede the appellant's access, nor did it fail to adequately consider all circumstances, give reasons, or rely on inappropriate evidence; decision was open to it based on available material and was not so unreasonable that no reasonable decision-maker would have made it.
- Jurisdiction
- Australia
- Judgment Date
- 23 August 2022
- Procedural Posture
- Civil Appeal / Appeal Panel Decision
- Outcome
- Appeal dismissed
- Legal Topics
- ['dividing Fences' 'access to Property' 'sufficiency of Dividing Fence' 'statutory Interpretation']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Civil Appeal / Appeal Panel Decision
Legal Issues
- 1 ["Whether the tribunal erred in finding the Colorbond fence would not impede the appellant's access" 'Whether all circumstances were considered pursuant to s 4 of the Dividing Fences Act, 1991 (NSW)' 'Whether evidence supported findings regarding emergency access' 'Whether the tribunal failed to provide adequate reasons' 'Compliance with local council codes and planning instruments' 'Whether structural damage would occur from fence construction']
Ratio Decidendi
The tribunal did not err in law or fact in finding that the Colorbond fence would not impede the appellant's access, nor did it fail to adequately consider all circumstances, give reasons, or rely on inappropriate evidence; decision was open to it based on available material and was not so unreasonable that no reasonable decision-maker would have made it.
Court Disposition
Appeal dismissed
Orders
- ['Appeal dismissed']
Full Case Text
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