NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bourne v Mooney [2022] NSWCATCD 62 Hearing dates: 28 April 2022 Date of orders: 23 May 2022 Decision date: 23 May 2022 Jurisdiction: Consumer and Commercial Division Before: M Tyson, Senior Member Decision: 1. Pursuant to s. 6 of the Agricultural Tenancies Act 1990, the respondents are to pay the applicant compensation in the sum of $174,333.26. 2. The respondents are to pay the applicant's costs as agreed or assessed. Catchwords: AGRICULTURAL TENANCY – Consent of the owner – Tenant improvements – Compensation Legislation Cited: Agricultural Tenancies Act 1990 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Bradshaw v McEwans Pty Ltd (1951) 217 ALR 1 Gerraty v McGavin (1914) 18 CLR 152 McCann v Coffs Harbour City Council [2015] NSWCATCD 150 Rider v Ford [1923] 1 Ch 541 Wilh. Wilhelmsen Investments Pty Ltd v SSS Holdings Pty Ltd [2019] NSWSCA 32 Texts Cited: Nil Category: Principal judgment Parties: Courtney Bourne (Applicant) Ian Geoffrey Mooney (First Respondent) John Edward Mooney (Second Respondent)
Kerrie Diane Lumsden (Third Respondent) Representation: Counsel: J Tierney (Applicant)
Solicitors: Blaxland Mawson & Rose (Applicant) M Fox of Friedlieb Fox Mcleod (Respondents) File Number(s): COM 21/47133 Publication restriction: Nil
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