Mehr v Lau [2022] NSWCATAP 15

Mehr v Lau [2022] NSWCATAP 15

The Tribunal's orders for renewal proceedings and subsequent orders were not inconsistent with the Appeal Panel orders, and Clause 8 of Schedule 4 was properly applied, as the operative orders had been varied and renewal was only for the varied operative order. The appeal grounds on procedural unfairness,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
20 January 2022
Procedural Posture
Internal Appeal / Appeal Panel Decision
Outcome
Appeal dismissed
Legal Topics
['dividing Fences' 'ncat Procedural Enforcement' 'renewal of Proceedings' 'tribunal Jurisdiction']
['administrative Law' 'property Law'] ['dividing Fences' 'ncat Procedural Enforcement' 'renewal of Proceedings' 'tribunal Jurisdiction']

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Procedural Posture

Internal Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether the Tribunal erred in allowing renewal proceedings after varied appeal orders' 'Whether procedural fairness was denied in the renewal decision' 'Whether the Tribunal failed to address necessary infrastructure for fence planting' 'Whether the Tribunal failed to provide adequate reasons for rejecting garden bed support' 'Whether the Tribunal failed to address fence length']

Ratio Decidendi

The Tribunal's orders for renewal proceedings and subsequent orders were not inconsistent with the Appeal Panel orders, and Clause 8 of Schedule 4 was properly applied, as the operative orders had been varied and renewal was only for the varied operative order. The appeal grounds on procedural unfairness, infrastructure, reasons, and fence length lack merit as the Tribunal’s decisions and reasoning were supported and consistent with relevant orders and statutory grounds.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed']