Lozano v Gentle

Lozano v Gentle was a dispute brought before the Environment and Planning Court concerning the adequacy of a dividing fence between the applicant's and respondent's properties. The applicant argued that the existing fence did not meet the required standards and sought an order for specific fencing work to be carried out along the boundary. The respondent contested the need for the proposed fencing work, arguing that the existing fence was sufficient.

The primary legal issue before the court was whether the existing fence constituted a sufficient dividing fence under the applicable legislation. Additionally, the court needed to determine whether the proposed fencing work was necessary and reasonable, and if so, what contributions, if any, should be made by each party towards the cost of the work.

The court found that the existing fence did not meet the statutory requirements for a dividing fence. It determined that the proposed fencing work was necessary to establish a proper boundary and ensure privacy and security for both parties. The court ordered that specific fencing work be carried out, including the definition of the boundary line, removal of vegetation, and installation of a new fence. The court also specified the timeline for the work and the financial responsibilities of each party. The applicant was to engage the surveyor and contractors and bear the full cost of the fencing work, while the respondent was to contribute 50% of the cost of each stage of the work once the applicant had completed the work and provided receipts.