Civil and Administrative Tribunal
New South Wales
Medium Neutral Citation: Griffiths v The Owners – Strata Plan No 11097 [2025] NSWCATCD 125 Hearing dates: 29 April 2025 Date of orders: 18 August 2025 Decision date: 18 August 2025 Jurisdiction: Consumer and Commercial Division Before: R Collins, Senior Member Decision: (1) The parties are to jointly engage a contractor to demolish section A and Section B of the masonry wall as identified in the survey prepared by Beyond Measure Surveys dated 16 December 2024 within 60 days of these orders and remove all debris and vegetation on the line of the existing fence and cavity floor. The cost is to be shared equally between the parties.
(2) The applicant may remove all remnant moss, debris and vegetation on its external house wall adjacent to Sections A and B, within 70 days after these orders. These works are to be borne by the partes in equal shares.
(3) The applicant may repaint its external house wall the same colour as the rest of the house within 80 days of these orders, at the Applicant’s cost.
(4) After the painting is complete, and within 90 days of these orders, the parties are to construct a timber lapped and capped boundary dividing fence on a concrete kerb with footing as shown on architectural plans Figures 20, 21 and 22 prepared by Llewela Griffiths Architects. The cost is to be borne equally by the parties.
(5) The fencing work in orders 1 and 4 is to be carried out in a good and workmanlike manner using new materials. If it holds a currents contractors license to carry out the work in Orders 1 and 4, then the work in Orders 1 and 4 is to be carried out by Jensons Projects in accordance with its quote dated 19 March 2023, except that items 2.3 and 2.5 on the quote are excluded from the scope of work.
(6) If development consent is required for any of the works at orders 1-4 (including by application of clause 5.10 of the Woollahra Local Environmental Plan 2014):
(a) the respondent is to lodge development application seeking consent for the timber lapped and capped fence as described at order 4, within 4 weeks of the orders;
(b) the costs of the development application are to be borne by the parties in equal shares; and
(c) the timing of the works at orders 1-4 is to run from the date of any development consent granted by the council.
(7) Any application for an order in respect of costs is to be made in writing to the Tribunal and provided to the other party within 14 days of the date of this order.
(8) Any submissions in opposition to an application for a costs order is to be sent to the tribunal and the other party within 28 days of the date of these orders.
(9) The Tribunal intends to determine any application for costs without a hearing under s 50(2) of…
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- Case
- [2025] NSWCATCD 125
- Decision Date
CaseChat Overview and Summary
The key legal issues before the Tribunal included the interpretation of the term "dividing fence" as defined in the relevant legislation, the responsibilities of the parties under the Strata Schemes Management Act 1996, and the procedural requirements for obtaining necessary development consents. The Tribunal had to consider whether the proposed works constituted alterations or maintenance, and whether the necessary consents were required under the Woollahra Local Environmental Plan 2014.
The Tribunal found that the proposed works constituted alterations rather than maintenance, and as such, required development consents. It determined that the works could proceed subject to the respondent lodging a development application for the new fence. The Tribunal made detailed orders concerning the timing, method, and cost-sharing of the works. It also provided specific directions regarding the process for applying for costs, emphasising a preference for determination on the papers where possible. The Tribunal issued orders for the joint demolition of the existing masonry wall, the removal of moss and debris, and the repainting of the external house wall by the applicant. It further directed the construction of a new timber fence by both parties, specifying the use of a licensed contractor if the necessary qualifications were held.
The Tribunal's orders included a timeline for the works, cost-sharing arrangements, and specific exclusions from the contractor's quote. It also addressed the need for development consents, allocating responsibilities between the parties for the application process and associated costs. The Tribunal set out detailed procedures for the submission and determination of any costs applications, encouraging efficient resolution of the matter.
Orders
Orders of the court
(1) The parties are to jointly engage a contractor to demolish section A and Section B of the masonry wall as identified in the survey prepared by Beyond Measure Surveys dated 16 December 2024 within 60 days of these orders and remove all debris and vegetation on the line of the existing fence and cavity floor. The cost is to be shared equally between the parties.
(2) The applicant may remove all remnant moss, debris and vegetation on its external house wall adjacent to Sections A and B, within 70 days after these orders. These works are to be borne by the partes in equal shares.
(3) The applicant may repaint its external house wall the same colour as the rest of the house within 80 days of these orders, at the Applicant’s cost.
(4) After the painting is complete, and within 90 days of these orders, the parties are to construct a timber lapped and capped boundary dividing fence on a concrete kerb with footing as shown on architectural plans Figures 20, 21 and 22 prepared by Llewela Griffiths Architects. The cost is to be borne equally by the parties.
(5) The fencing work in orders 1 and 4 is to be carried out in a good and workmanlike manner using new materials. If it holds a currents contractors license to carry out the work in Orders 1 and 4, then the work in Orders 1 and 4 is to be carried out by Jensons Projects in accordance with its quote dated 19 March 2023, except that items 2.3 and 2.5 on the quote are excluded from the scope of work.
(6) If development consent is required for any of the works at orders 1-4 (including by application of clause 5.10 of the Woollahra Local Environmental Plan 2014):
(a) the respondent is to lodge development application seeking consent for the timber lapped and capped fence as described at order 4, within 4 weeks of the orders;
(b) the costs of the development application are to be borne by the parties in equal shares; and
(c) the timing of the works at orders 1-4 is to run from the date of any development consent granted by the council.
(7) Any application for an order in respect of costs is to be made in writing to the Tribunal and provided to the other party within 14 days of the date of this order.
(8) Any submissions in opposition to an application for a costs order is to be sent to the tribunal and the other party within 28 days of the date of these orders.
(9) The Tribunal intends to determine any application for costs without a hearing under s 50(2) of the NCAT Act. Any submission in respect of a costs order should address whether the parties consider that the matter can be determined on the papers, or if it disagrees, why. Submissions should not exceed 3 pages in length.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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