Mohammad Oboodi Mehr & Samiheh Oboodi Mehr v John Lau & Carina Tam [2019] NSWCATAP 177

Mohammad Oboodi Mehr & Samiheh Oboodi Mehr v John Lau & Carina Tam [2019] NSWCATAP 177

The Tribunal at first instance failed to determine critical matters including boundary location, responsibility for fencing work, apportionment, manner and timeline for carrying out fencing work. This failure constitutes an error of law, requiring the decision to be set aside in part and remitted for proper...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 July 2019
Procedural Posture
Civil Appeal / Appeal Panel Decision
Outcome
Appeal allowed in part; adjournment refused; proceedings remitted for further determination.
Legal Topics
['dividing Fences' 'jurisdiction of Tribunal' 'orders for Fencing Works']
['property Law'] ['dividing Fences' 'jurisdiction of Tribunal' 'orders for Fencing Works']

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Procedural Posture

Civil Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ['Did the Tribunal fail to address all matters raised by the appellants in their application regarding fencing work?' 'Did the Tribunal exercise jurisdiction properly in determining the fencing orders between the properties?']

Ratio Decidendi

The Tribunal at first instance failed to determine critical matters including boundary location, responsibility for fencing work, apportionment, manner and timeline for carrying out fencing work. This failure constitutes an error of law, requiring the decision to be set aside in part and remitted for proper determination.

Court Disposition

Appeal allowed in part; adjournment refused; proceedings remitted for further determination.

Orders

  • ['The application for adjournment is refused.' 'The appeal is allowed.' "Set aside that part of Order 3 of the Tribunal's 26 March 2019 orders from 'to the southern extent' to the end. Substituted Order 3: 'A sufficient fence on the boundary between Nos 88 and 94 for the purposes of the Dividing Fences Act 1991 is a...