Bridson v Relf [2021] NSWCATCD 114

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bridson v Relf [2021] NSWCATCD 114 Hearing dates: 28 April 2021 Date of orders: 22 December 2021 Decision date: 22 December 2021 Jurisdiction: Consumer and Commercial Division Before: K Ross, Senior Member Decision: (1) Jeanette Relf is to pay to Andrew Bridson the sum of $10,017.30 as follows: reimbursement for cost of repairs to the pump, motor and control panel $10,057.30, less cost of cattle tags $40.00. (2) The sum of $10,017.30 referred to in order (1) is forthwith to be applied as a rent credit to the rent ledger. (3) By 28 February 2022 Andrew Bridson is to effect such repairs as are necessary to bring both the bike shift irrigation system and the Re-Use irrigation system into working order, and he is to maintain both systems in working order thereafter. (4) Jeanette Relf is to do all acts and things necessary to enable the lessee to operate the MidCoast Water system without interference by the lessor. (5) Jeanette Relf is to give to Andrew Bridson a copy of the manuals and agreement with MidCoast Water in respect of the Re-Use irrigation system within 14 days of the date of these orders. (6) If an application to MidCoast Water is required, Jeanette Relf must make that application within 28 days of the date of these orders. (7) Jeanette Relf must not interfere with the lessee's use and enjoyment of the property. The lessor and her agents (including Mr Stephen Relf) must not enter upon the property unless in accordance with the provisions of the Act. (8) By 28 February 2022 Jeanette Relf is to effect such repairs as are necessary to make the boundary fences stock proof. (9) If either party presses an application for costs, short submissions should be filed and served by 21 January 2022. Submissions in reply should be filed and served by 4 February 2022. (10) All other claims are dismissed. Catchwords: LANDLORD & TENANT— Agricultural tenancy — Obligation to repair and maintain— Termination — breach Legislation Cited: Agricultural Tenancies Act 1990 (NSW) Cases Cited: Pipeclay Lawson Ltd v Brand Ventures Pty Ltd [2021] NSWSC 909 Texts Cited: Nil Category: Principal judgment Parties: Andrew Bridson (Applicant) Jeanette Relf (Respondent) Representation: Solicitors: James Bell (Applicant) Barraclough Jones & Associates (Respondent) File Number(s): COM 20/34656 Publication restriction: Nil