Nasr v Kassiri [2020] NSWCATCD 12

Nasr v Kassiri [2020] NSWCATCD 12

The Tribunal was not satisfied to the civil standard that the fence was insufficient merely because parts were not on the boundary line. Considering all the circumstances, the deviations were minor and towards the rear of the property, there had been no dispute about the boundary for three years, the respondent had installed a gate and garden beds in reliance on the fence location, and the fence was otherwise in good repair apart from minor damage caused by the applicant.

Jurisdiction
Australia
Judgment Date
29 January 2020
Procedural Posture
Claim Pursuant to the Dividing Fences Act 1991 (nsw) for Fencing Work on the Boundary Line of Adjoining Properties / Final Decision After Hearing
Outcome
The claim is dismissed.
Legal Topics
['sufficient Dividing Fence' 'fencing Notice' 'boundary Encroachment' 'retaining Wall']
['dividing Fences' 'property Law'] ['sufficient Dividing Fence' 'fencing Notice' 'boundary Encroachment' 'retaining Wall']

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Procedural Posture

Claim Pursuant to the Dividing Fences Act 1991 (nsw) for Fencing Work on the Boundary Line of Adjoining Properties / Final Decision After Hearing

Legal Issues

  1. 1 ['Whether there is a sufficient dividing fence if the fence is not on the boundary line.' 'Whether a new fence and retaining wall should be erected on the boundary.']

Ratio Decidendi

The Tribunal was not satisfied to the civil standard that the fence was insufficient merely because parts were not on the boundary line. Considering all the circumstances, the deviations were minor and towards the rear of the property, there had been no dispute about the boundary for three years, the respondent had installed a gate and garden beds in reliance on the fence location, and the fence was otherwise in good repair apart from minor damage caused by the applicant.

Court Disposition

The claim is dismissed.

Orders

  • ['The claim is dismissed.']