The brothers did not look at each other during proceedings which saw Magistrate Mark Douglass order defendant Eric Johnston to pay his brother Norman Richard Johnston nearly $6000 for maintenance of a common boundary along Wolumla Creek at Frogs Hollow.

“It would be fair to say there’s tension,” Magistrate Mark Douglass said.

“The defence lacks clarity and the evidence was not persuasive.”

Norman’s solicitor Esther Colson said the case had been ongoing “for over 20 years” and that her client was seeking a resolution as each flood increases the damage to the boundary crossing.

“It has been before the court a number of times,” she said.

“They want it sorted.”

Ms Colson claimed Norman had been maintaining both crossings along the shared creek boundary and her client’s property was free of the drought tolerant African lovegrass weed and at risk of possible contamination from the weed growing in Eric’s adjoining property.

Eric, who represented himself in the small claims case, claimed his brother was using “bullying tactics over the last eight years”.

In 2000, the Local land Board decided a crossing must be maintained by each brother, Bega Valley Shire Council attempted to resolve this issue and in 2013 a settlement agreement was made in the local courts.

Following floods and erosion, Eric claimed the fence had been maintained in compliance with the order.

“The way I see it, is it’s a bullying tactic that’s gone on all my life.” he told Magistrate Douglass.

In other court news, after four years evading police a Merimbula man has been sentenced to an 18 month good behaviour bond for a 2012 domestic violence charge.

An arrest warrant was issued for thirty-seven-year-old Khayyam Halliwell of Beverley St after he assaulted his defacto partner in Bexley in June 2012 after an argument over chocolate milk.