Rayner v Rayner [2020] NSWSC 1536

Supreme Court New South Wales

Medium Neutral Citation: Rayner v Rayner [2020] NSWSC 1536 Hearing dates: 6 November 2019 Decision date: 02 November 2020 Jurisdiction: Common Law Before: Ierace J Decision: (1) Leave to appeal is granted to the plaintiff in respect of grounds 1, 2, 3, 4 and 6. (2) Leave to appeal is refused in respect of ground 5. (3) The summons filed on 7 June 2019 is dismissed. (4) The plaintiff to pay the costs of the defendant on this application. (5) The order for possession made by the New South Wales Civil and Administrative Tribunal on 30 July 2018 is suspended until 23 November 2020. Catchwords: APPEALS — Appeal from the Appeal Panel of the Civil and Administrative Tribunal – leave to appeal – questions of law LAND LAW — leases and tenancies – where a tenancy agreement was validly terminated – where an order for possession was granted to the defendant - where the plaintiff alleges he had an equitable claim to the property – whether the plaintiff established a claim in equity in defence to the defendant's claim for possession Legislation Cited: Agricultural Tenancies Act 1990 (NSW) Civil and Administrative Tribunal Act 2013 (NSW), ss 82, 83 Law Reform (Law and Equity) Act 1972 (NSW), ss 6, 7 Residential Tenancies Act 2010 (NSW), ss 83, 85, 114, 115 Federal Circuit Court of Australia Act 1999 (Cth), s 18 Cases Cited: Fencott v Muller [1983] 152 CLR 570; [1983] HCA 12 Steak Plains Olive Farm Pty Ltd v Australian Executor Trustees Limited [2015] NSWSC 289 Category: Principal judgment Parties: Gary John Rayner (Plaintiff) Ashlee Evelyn Rayner (Defendant) Representation: Counsel: T Lynch (Sol) (Plaintiff) S McAuley (Sol) (Defendant)