Zheng v Lee [2021] NSWCATCD 94

Zheng v Lee [2021] NSWCATCD 94

The existing fence was not a sufficient dividing fence as required by law due to the absence of fencing in some sections and the inadequacy of the current structure in others. Orders for demolition of the existing fence and the construction of a new Colourbond fence were justified, and the respondents were to contribute a specified amount toward costs.

Parties
Applicant: Zhe (Wilson) Zheng; First Respondent: Colin Lee; Second Respondent: Peggy Hau
Jurisdiction
Australia
Judgment Date
02 September 2021
Procedural Posture
Dividing Fence Dispute / Hearing and Decision
Outcome
Orders for demolition of the existing fence, construction of a new Colourbond fence, and partial contribution by respondents.
Legal Topics
Dividing Fences, Neighbour Disputes, Contribution to Fencing Work, Sufficiency of Dividing Fence, Jurisdiction and Procedure of NCAT
Property Law Civil Procedure Dividing Fences Neighbour Disputes Contribution to Fencing Work Sufficiency of Dividing Fence Jurisdiction and Procedure of NCAT

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Parties

Zhe (Wilson) Zheng

Applicant

Colin Lee

First Respondent

Peggy Hau

Second Respondent

Procedural Posture

Dividing Fence Dispute / Hearing and Decision

Legal Issues

  1. 1 Whether the existing fence was a sufficient dividing fence under the Dividing Fences Act 1991 (NSW)
  2. 2 Whether the applicant's Fencing Notice was validly served and proceedings timely
  3. 3 Whether a replacement fence should be ordered and if so, the appropriate type, location, and contribution by parties

Ratio Decidendi

The existing fence was not a sufficient dividing fence as required by law due to the absence of fencing in some sections and the inadequacy of the current structure in others. Orders for demolition of the existing fence and the construction of a new Colourbond fence were justified, and the respondents were to contribute a specified amount toward costs.

Court Disposition

Orders for demolition of the existing fence, construction of a new Colourbond fence, and partial contribution by respondents.

Orders

  • The applicant is to cause the performance of fencing work between the residential property of the applicant and the residential property of the respondents by 6 December 2021, with specified works including demolition, removal of shrubs as necessary, construction of a 28m x 1.8m green Colourbond fence, extension for...
  • Within 28 days of the completion of the fencing work, the respondents are to pay the applicant $2,358.