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Fencing Act 1978  050
Commenced: 1 Apr 1979
IV: Procedure
24   Jurisdiction of the Court




   24. Jurisdiction of the Court---(1) Notwithstanding that a question of
 title may be involved and whatever the amount involved, the Court shall
 have jurisdiction to hear and determine all questions and disputes
 arising under this Act in relation to the following matters:
   (a) Whether an existing fence is an adequate fence:
   (b) Work on a fence:
   (c) The persons by whom work on a fence is to be done:
   (d) The reasonable and proper cost of work on a fence, including
         interest on outlay and reasonable remuneration for the
         superintendence and labour of an occupier (or of any person
         acting on his behalf) when he is or has been personally engaged
         on the work:
   (e) The person or persons by whom the cost of any work on a fence is
         to be borne; and, if the cost is to be borne by 2 or more
         persons, the proportion of the cost which each of them shall
         bear:
   (f) The line of fence to be adopted, and the amount of compensation
         (if any) to be paid for loss of occupation of land and the
         manner of payment thereof:
   (g) The date on or before which, and the manner in which, any work is
         to be done:
   (h) The removal of a fence that is not erected on the proper boundary:
   (i) Whether there has been a failure to exercise due diligence under
         subsection (3) of section 14 of this Act:
   (j) Whether immediate work is or was required under section 16 of this
         Act:
   (k) The entry on adjoining land for the purpose of carrying out the
         work:
   (l) The use on adjoining land of animals, vehicles, aircraft,
         hovercraft, any mode of conveyance, and any equipment for the
         purpose of carrying out the work:
   (m) The value or cost of a fence, and the amount of the appropriate
         share payable by an occupier, for the purpose of any of the
         following sections, namely, sections 18, 19, and 20 of this Act:
   (n) The amount of the appropriate share under section 19 of this Act:
   (o) Any other question or dispute arising out of this Act:
   (p) The costs of any proceedings, (including such expenses of survey
         as the Court thinks fit) and the parties by whom and to whom
         costs are to be paid.

   (2) In any case where the Court has jurisdiction under subsection (1)
 of this section it may---
   (a) Make such consequential order as it thinks fit:
   (b) Enter judgment for such sum of money as it thinks fit.

   (3) In any such case---
   (a) The Court may make or enter an interim order or judgment:
   (b) The order or judgment shall be deemed to be final unless it
         expressly states that it is an interim order or judgment, as the
         case may be.
     Cf. 1908, No. 61, s. 36
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