New South Wales Consolidated Acts

DIVIDING FENCES ACT 1991 - SECT 24

24 Recovery of money payable

(1) Any money which an adjoining owner is required or liable to pay under this Act may be recovered as a debt in a court of competent jurisdiction.

(2) In any proceedings for the recovery of money, the certificate of the Local Court or the Civil and Administrative Tribunal as to the making and contents of any order under section 14 or 17 is evidence of the matters set out in the certificate.

(3) The Tribunal may, on the application of an adjoining owner, make an order determining an amount that the other adjoining owner is required or liable to pay under this Act (other than an amount the subject of an order by the Local Court under this Act).

(4) The amount (including any costs awarded against the other adjoining owner under section 23) may be certified by the principal registrar of the Civil and Administrative Tribunal.

(5) A certificate given under subsection (4) must identify the person liable to pay the certified amount.

(6) If a certificate given under subsection (4) is filed in the registry of a court having jurisdiction to give judgment for a debt of the same amount as the amount stated in the certificate, the certificate operates as such a judgment.