Aurisch v Fong

[2020] QCAT 380

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Aurisch v Fong & Anor [2020] QCAT 380

PARTIES:

LYNETTE AURISCH

(applicant)

v

JOHN FONG

(first respondent)

REINHARD ERB

(second respondent)

APPLICATION NO/S:

MCDO0603-20

MATTER TYPE:

Other minor civil dispute matters

DELIVERED ON:

10 September 2020

HEARING DATE:

1 July 2020

HEARD AT:

Brisbane

DECISION OF:

Adjudicator Lember

ORDERS:

Application is dismissed.

CATCHWORDS:

REAL PROPERTY – BOUNDARIES OF LAND AND FENCING – FENCES AND FENCING – ADJOINING LAND – where fencing works urgent – where only three days’ notice to fence given

Building Act 1975 (Qld), s 245XD, s 245XH, s 245XK,
s 245XM, s 245XQ

Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld), s 9, s 12, s 20, s 28, s 31, s 32, s 35

APPEARANCES & REPRESENTATION:

Applicant:

Self-represented

First Respondent:

Second Respondent:

Self-represented

Self-represented

REASONS FOR DECISION

Background

1. On 25 May 2020 the applicant, Ms Aurisch, filed an application seeking contribution - on an urgent basis - from her rear boundary neighbours, Mr Erb and Mr Fong respectively, of $732.00 each towards a 1.8m high treated pine dividing fence erected on 17 March 2020.

2. Ms Aurisch resides at No 8 ABC Street[1] and her rear boundary is almost evenly divided between the rear boundaries of the properties at 70 XYZ Street (owned by Mr and Mrs Erb) and 72 XYZ Street (owned by Mr Fong).

   [1]Address concealed to protect the privacy of parties.

3. Ms Aurisch’s property enjoys a swimming pool situated in a corner of her rear yard.   That part of the dividing fence that she shares with Mr Fong forms part of her pool fence.   However, the part of the dividing fence that separates Ms Aurisch’s property from Mr Erb’s property is not a pool fence.

4. To her application Ms Aurisch attached:

   (a)evidence of her payment to Affordance Fencing Gold Coast of the amount of $2,197.50; and

   (b)a quote from Affordable Fencing Gold Coast dated 18 February 2020 being $1,997.50 for 23.5m of timber fencing “to match side fence” and $200.00 for fence disposal; and

   (c)three photographs of what she says was the dilapidated existing fence that required urgent replacement.

5. The applicant says she gave a Notice to Contribute for Urgent Fence Repair (NTC) by delivering the same to the letterbox of each of her neighbours on Friday 13 March 2020.

6. The fencing work was undertaken on Tuesday 17 March 2020 and paid for in full by the applicant on 19 March 2020.

7. Mr Fong says he never received the NTC.  

8. Mr Erb says he only saw the NTC when he checked his letterbox on the evening of Monday, 16 March 2020.   He says he attempted to call the applicant but did not receive a call back.

9. The fencing work therefore proceeded at the direction of the applicant on 17 March 2020 without the consent of or feedback from either respondent.   

10. The fence appears to have been constructed just inside the property boundary on Ms Aurisch’s side, as evidenced in photographs provided of the Besser blocks and…