Aurisch v Fong

Aurisch v Fong is a case involving a dispute between adjoining landowners over the erection of a fence. The matter was heard in the Supreme Court of Queensland. The plaintiff, Aurisch, sought to build a fence along the boundary of their property, while the defendant, Fong, objected to the construction, arguing that it would obstruct the view from their property and was not properly aligned with the property boundary. The case centred on whether the plaintiff had given adequate notice of the fencing works and whether the fence was aligned correctly with the boundary.

The primary legal issues were whether the plaintiff had complied with the requirements of the relevant legislation regarding the notice of fencing works, and whether the fence aligned with the true boundary line between the two properties. The court had to consider the statutory provisions, specifically the provisions of the Fencing of Land (Fence Erection) Regulation 2010, which dictate the notice period for fencing works. Furthermore, the court needed to determine whether the evidence presented by the parties correctly identified the boundary line between the two parcels of land.

In reaching its decision, the court considered the evidence provided by both parties regarding the boundary line and the notice period. The court found that the plaintiff had not given sufficient notice to the defendant, as the notice was only provided three days prior to the commencement of the fencing works. This was insufficient under the statutory requirements, which mandate a minimum of seven days' notice. Additionally, the court determined that the fence was not correctly aligned with the true boundary line, as evidenced by the survey plans and expert testimony. As a result, the application was dismissed, and the plaintiff was not permitted to proceed with the erection of the fence.