Foxys’ Contracting Pty Ltd v Roseneath Stud Pty Ltd [2021] NSWCATCD 37

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Foxys' Contracting Pty Ltd v Roseneath Stud Pty Ltd [2021] NSWCATCD 37 Hearing dates: 4 December 2021 and 28 April 2021, submissions closed 11 June 2021 Decision date: 23 July 2021 Jurisdiction: Consumer and Commercial Division Before: S Thode, Senior Member Decision: 1.The application is dismissed. 2.The applicant shall pay the respondent's costs of the application on the ordinary basis as agreed or assessed. In the event the parties wish to be heard on costs 3.The applicant shall provide submissions on the question of costs to the Tribunal and the respondent seven [7] days after the date of publication of these orders. 4.The respondent shall provide submissions on the question of costs to the Tribunal and the owner fourteen [14] days after the date of publication of these orders. 5. The applicant shall provide submissions in reply on the question of costs, if any, to the Tribunal and the respondent twenty-one [21] days after the date of publication of these orders. 6. Any question of costs shall then be determined in chambers and on the papers unless submissions are received why costs cannot be determined on the papers. Catchwords: LEASES AND TENANCIES — Agriculture — Agricultural Tenancies Act 1990 (NSW) — Standing — Assessment of damages Legislation Cited: Agricultural Tenancies Act 1990 (NSW) Cases Cited: Hardy v Gillette (1976) VR 392 Rhoden v Wingate [2002] NSWCA 165 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305 Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 Category: Principal judgment Parties: Foxy's Contracting Pty Ltd (Applicant) Roseneath Stud (Respondent) Representation: Counsel: Mr H Wood and Mr P Horobin (Applicant) ZM Hillman (Respondent)