OWNERS UNITS PLAN 425 & SCRIVENER (Civil Dispute)

The case before the Australian Capital Territory Civil and Administrative Tribunal (ACAT) involved Owners Units Plan 425, represented by Mrs Lorraine Dritsas and Mr Chris Dritsas, and Mr Paul Scrivener, who owned land adjacent to the applicants' property. The applicants sought to have a new fence erected on the boundary between their property and Mr Scrivener's property, after Mr Scrivener removed a portion of the existing fence without their consent. The applicants also sought to have Mr Scrivener bear the full cost of the new fence. The legal issues before the tribunal included determining the nature of the fence to be erected, the line where it should be erected, the party responsible for its erection, and how the costs should be shared between the parties. The tribunal examined the evidence presented by both parties, including survey reports, expert testimony, and quotes for the fence. The applicants argued that the fence should be erected at Mr Scrivener's expense, as he had removed the existing fence without their consent. Mr Scrivener contended that the fence was on his property and that there was no need for a new fence, as both properties were open to the road. The tribunal found that the original fence was primarily on the common boundary between the two properties and that a new fence could be erected along the common boundary. The tribunal concluded that, given the circumstances, it was appropriate for both parties to equally share the costs of erecting the new fence, as both would benefit equally from its presence. The tribunal ordered that the applicants be responsible for erecting the fence, but that Mr Scrivener would pay half the cost, including the applicants' filing fee. The tribunal also ordered that Mr Scrivener straighten the fence post and rehang the gate on his property.