Trigenis v Lincez

Trigenis appealed against a decision of the Civil and Administrative Tribunal (CAT) in relation to a dispute over the construction of a dividing fence between two adjoining properties. The Tribunal had ordered that a dividing fence be constructed between the properties to resolve boundary disputes. Trigenis argued that the Tribunal erred in ordering the construction of the fence and that the CAT had no jurisdiction to order the construction of a dividing fence. Lincez, the respondent, argued that the appeal should be dismissed because there was no error of law or jurisdiction.

The court considered whether the grounds of appeal related to an error of law and whether the issues raised were within the jurisdiction of the Tribunal. The court found that the primary complaint related to the execution of the Tribunal's orders, which was outside the jurisdiction of the appeal process. The court also found that there was no error of law in the Tribunal's decision to order the construction of a dividing fence. The issues of encroachment were outside the jurisdiction of the Tribunal and irrelevant to the decision to order a dividing fence.

The court held that the appeal was without merit and dismissed the application for leave to appeal. The court found that the Tribunal had correctly exercised its jurisdiction and that there was no error of law in its decision. The court also found that the issues raised by Trigenis were outside the scope of the appeal process and did not provide a basis for setting aside the Tribunal's decision.

The court refused the application for leave to appeal and ordered that Trigenis pay Lincez's costs of the appeal.