Will it ever end? Neighbours who have been at war for 12 YEARS continue feud with one refusing to pay $1,930 for a fence - despite their fight ruining marriages and costing more than $300,000
- A lengthy neighbourhood feud looks set to continue with a dispute over a fence
- The suburban stoush on the streets of East Ryde, Sydney, began back in 2008
- Over the years it has involved three different homes and various court battles
- One neighbour vowed 'not to stop', while another previously wanted it to end
- But he has now kept the feud ongoing, by trying to get out of paying for a fence
- NCAT will rule on whether Mr Plumb and Ms Minifie are required to pay $1,930
An incredible 12-year-long neighbourhood dispute that appeared to be coming to an end has flared up again, with one of the parties now trying to get out of paying for a fence between their homes - despite previously agreeing to it.
Anthony Saba and Noel Plumb's suburban stoush has been running on the streets of East Ryde, in Sydney's north-west, since their first argument over a backyard tree in 2008.
Mr Plumb - a retired bush re-generator - called his local council to dob in Mr Saba for cutting down large gumtrees in the backyard of his home.
Since then Mr Saba, Mr Plumb and his now ex-wife Jeanette Minifie (as well as another neighbour Stuart Maxwell), have been involved in legal action in the NSW Local Court, District Court, Supreme Court and NSW Civil and Administrative Tribunals (NCAT).
The battle is directly blamed for the breakdown of two marriages and has left them collectively more than $300,000 out of pocket.
But just when the NSW Civil and Administrative Tribunal (NCAT) looked set to put one part of the drama to bed, Mr Plumb - on Ms Minifie's behalf - has kept the fight going by launching an eleventh hour bid not to have to pay for a fence between their place and the Maxwell property.
Noel Plumb (left) and Jeanette Minifie (right), his ex-wife and current housemate, have made an eleventh hour bid not to pay for a fence between theirs and a neighbouring property that has been a source of much contention. It looks set to continue an already 12-year long feud in their street in East Ryde, on Sydney's lower north shore
A fence (pictured) was to be built between the property of Ms Minifie and Mr Plumb, and their neighbour Stuart Maxwell, with the parties to evenly split the cost. But when it came time to reimburse Mr Maxwell for half the fence, Ms Minifie and Mr Plumb launched action to get out of paying anything for the divide
NCAT ruled last September that a fence be built to 'finalise the continuing dispute'.
But just a few months later Mr Plumb and Ms Minifie appealed that decision, pushing the deadline for the fence to be built back to May 2020.
The fence was finally completed on May 8, 2020 at a cost of $3,860, which was paid by the Maxwells as ordered by NCAT.
However when they went to collect half the costs owed to them by Ms Minifie and Mr Plumb, they found that the separated couple - who still live together - were seeking a NCAT order that they not have to pay a cent.
'The appellant (Ms Minifie) wrote to the Registrar of this Tribunal seeking a "stay or suspension" of her obligation to contribute to the cost of the dividing fence,' court documents state.
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Ms Minifie and Mr Plumb claimed the fence had not been built as specified by NCAT.
As the deadline for their payment to the Maxwell's passed, Ms Minifie wrote to NCAT asking for a ruling on her application but she was told the previous agreement that both parties pay 50 per cent was 'final and binding'.
The tribunal has now ruled that a new hearing be set to determine whether Mr Plumb and Ms Minifie are required to pay up.
In his judgement, NCAT principal member Frank Marks commented on the 'underlying dislike' between the parties that was 'demonstrated during the course of the hearing'.
'It is important the proceedings be finalised as efficiently and as soon as possible,' Mr Marks noted.
Previously, Mr Plumb claimed the battle had taken a 'huge impact' on his life and was keen for it to be put to bed, while Mr Saba told Daily Mail Australia he intended to recoup every cent he claims he is owed by his neighbourhood nemesis.
The view from the boudnary of Mr Maxwell's property down onto the home owned completely by Ms Minifie. A pile of fence palings from a previously demolished fence sits on the rockface between the two properties
Anthony Saba and Noel Plumb's suburban stoush has been running since their first argument over a backyard tree in 2008. It has since involved Mr Maxwell, with a dispute over a fence on the boundary between his property and Ms Minifie ongoing before NCAT
Anthony Saba (pictured) earlier this year he 'won't stop' until he is paid the $230,000 in legal costs he claims is owed by Mr Plumb from a spate of court cases in the various NSW jurisdictions
'I won't stop until Mr and Mrs Plumb (Ms Minifie) pay their due debts. That's when it's going to be over, when they pay their due debts,' Mr Saba said.
The debt is referring to is $232,187 in legal costs Mr Plumb was ordered by a court to pay Mr Saba after he failed in his bid to have an AVO taken out against him.
But Mr Plumb was unable to pay the outstanding amount because he had no assets.
Just months earlier he had transferred his share of the East Ryde home where he and Ms Minifie lived to her as part of their separation settlement.
However under the deal she allowed him to continue living in the house with her 'for life'.
This led to the feud continuing, with Mr Saba taking Mr Plumb to court and claiming his split with Ms Minifie was not genuine and instead an attempt to avoid paying his legal costs.
As part of a case that eventually failed, Mr Saba relied on an affidavit from nextdoor neighbour Mr Maxwell who told the court Mr Plumb and Ms Minifie still had 'dinner parties' and that she continued to hang out her ex-partner's 'washing'.
When the matter was thrown out Ms Minifie then attempted to have a fence erected because of 'privacy' concerns from Mr Maxwell.
The dispute over the fence ended up before NCAT, but when the tribunal sided with Mr Maxwell a fence was soon erected on Ms Minifie's property anyway.
Mr Plumb admitted he had been 'wrong' in pushing his 'housemate' to erect a fence on her side of the boundary, and would comply with the NCAT judgement - unless a middle ground can be found.
'This thing has become highly legalistic, it has dragged on, it has had an enormous impact on us,' Mr Plumb said.
'I felt that we could legally, without hindering the fence as ordered at the first NCAT hearing, build the fence on Jennie’s land that would give us privacy. (But) it's turned out I was wrong.
'Jennie is absolutely complying with the NCAT orders to clear the fence and that is what will happen unless there is some agreement to perhaps modify the fence... so that it is acceptable to the Maxwells.'
But it appears he has since changed his mind and the saga will drag on a little bit longer.
At the very least.
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