Zheng v Lee

In the matter of Zheng v Lee, the applicants sought orders regarding the construction of a dividing fence between their properties. The respondents were required to construct a new fence along the boundary line and extend it further toward the front of their properties. The dispute arose over whether the fencing notice was validly served, the appropriate type of fence, and the contribution of each party to the fencing work. The court was tasked with determining the validity of the notice, the adequacy of the proposed fence, and the allocation of costs between the parties.

The court first considered whether the fencing notice was validly served. The applicants argued that the notice was not properly served, but the court found that the notice was indeed validly served in accordance with the relevant legislative provisions. Next, the court examined the type of fence proposed in the notice. The applicants suggested a different type of fence, but the court held that the proposed fence in the notice was sufficient to comply with the legislative requirements. The court also addressed the issue of cost-sharing, determining that the applicants were responsible for the cost of the fencing work, as specified in the orders.

In conclusion, the court ordered the applicants to construct a new fence between the properties in accordance with the terms outlined in the fencing notice. The court specified the type of fence to be installed, the timeline for completion, and the process for giving notice to the respondents. Additionally, the respondents were required to pay the applicants for the cost of the fencing work within a specified period. This decision provides clarity on the proper procedure for serving a fencing notice, the type of fence that meets legislative requirements, and the allocation of costs between neighbouring property owners in such disputes.