Fennell v Wright

Fennell v Wright involved a dispute between the parties over the interpretation and application of the Fences Act 1975 (SA) and the Development Act 1993. The matter was heard in the Magistrates Court of South Australia. The primary issue was whether the Magistrates Court had jurisdiction to resolve a dispute over the construction of a garage wall, which the applicant claimed was a fence, and whether certain evidence from a mediation process could be admitted.

The court considered the definition of a "fence" under the Fences Act 1975, which includes any barrier used to enclose or prevent entry to or exit from a field or yard. The court concluded that the structures erected on the boundary line to the front and rear of the garage qualified as fences, whereas the garage wall itself did not. The wall was an integral part of the garage structure and not a fence. Furthermore, the court noted that the garage was part of a larger building approved by the Council under the Development Act 1993. The court rejected the applicant's contention that the Magistrates Court had jurisdiction over the garage wall as it did not fit within the definition of a "fence" or "fencing work."

Regarding the admissibility of evidence from the mediation process, the court held that section 27(3) of the Magistrates Court Act 1991 (SA) precluded the admission of such evidence. This section states that evidence of anything said or done in an attempt to settle an action by mediation is not admissible in the proceedings or related proceedings. Consequently, the affidavit detailing discussions from the mediation process was deemed inadmissible.

The court ruled that the Magistrates Court did not have jurisdiction over the dispute concerning the garage wall, as it did not constitute a fence under the Fences Act 1975. Additionally, the court upheld the inadmissibility of the mediation evidence due to the provisions of section 27(3) of the Magistrates Court Act 1991 (SA).