Victorian Consolidated Legislation

Fences Act 1968 - SECT 28

PART IV PROCEEDINGS FOR THE RECOVERY OF CONTRIBUTIONS

From whom moneys recoverable under this Act

28. From whom moneys recoverable under this Act



(1) Where any person serves a notice to fence or repair or a copy of an ex
parte order or award the person serving the notice may recover all moneys
recoverable under this Act in respect of the construction or repairing of the
fence from-

   (a)  any person who is liable to contribute to the cost of constructing or
        repairing the fence who is served with notice to fence or repair or
        the ex parte order or award; or

   (b)  any person who comes in and defends under the provisions of this Act
        any proceedings consequent upon the notice or the service of the order
        or award.

(2) If any moneys are recoverable by the person served with notice he may
recover them from the person serving the notice or any person liable to
contribute to the construction or repair of the fence as tenant of whom the
person serving the notice holds the lands bounded by the fence.