James John Bullen v Kathryn Lyall [2014] NSWCATCD 202

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: James John Bullen v Kathryn Lyall [2014] NSWCATCD 202 Hearing dates: 16 September 2014 Date of orders: 31 October 2014 Decision date: 31 October 2014 Jurisdiction: Consumer and Commercial Division Before: J Ringrose General Member Decision: The respondent is to pay the applicant the sum of $2,590.00 being assessed compensation for the tenant in the sum of $2,800.00 less the sum of $210.00 payable by the tenant to the landlord in a related claim COM 14/31904. Such sum is to be paid within one month of the date of these orders. Catchwords: AGRICULTURAL TENANCY – compensation payable for tenant's improvements – general improvements to a farm by adoption of better farm management by the tenant – compensation for improvement carried out by the tenant with consent. Legislation Cited: Agricultural Tenancies Act 1990 ss 6, 15 Category: Principal judgment Parties: James John Bullen (applicant) Kathryn Lyall (respondent) Representation: The parties appeared in person File Number(s): COM 14/24057 Publication restriction: Nil

Judgment

BACKGROUND 1. In about September 2012 the property at **** Lambs Valley, was purchased by Marilyn and Graham Hellier who are apparently the parents of Kathryn Lyall. It would appear that Ms Lyall moved into the property in about October 2012. 2. In about December 2012 Neil Thomas (Stock and Station Agent) was approached by the respondent with a view to offering agistment on part of the property. At the end of January 2013 an agistment tenancy was entered into with Danny Cramp for a part of the property comprising approximately 50 acres or 20 hectares allowing for a maximum of 20 head of cattle at $3.00 per head per week. It is claimed that the agistment tenancy was for a period of at least 12 months and in August 2013 Danny Cramp gave notice terminating the tenancy and he removed his stock in September 2013. 3. By late September 2013 Mr Bullen and his wife had negotiated an agistment agreement with the respondent Kathryn Lyall in respect of the bottom paddock of approximately 20 hectares or 50 acres at a price of $40.00 per week for a maximum of 30 head of cattle. The agistment agreement commenced on about 5 October 2013 and came to an end after a written notice purporting to terminate the tenancy was delivered to James Bullen at his residential mailbox. The notice required him to remove his stock and deliver up possession on or before 6 March 2014. All the stock were removed from the property by that date.