Kathryn Lyall v James Bullen [2014] NSWCATCD 208

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kathryn Lyall v James Bullen [2014] NSWCATCD 208 Hearing dates: 16 September 2014 Decision date: 31 October 2014 Jurisdiction: Consumer and Commercial Division Before: J A Ringrose, General Member Decision: The respondent is to pay the applicant the sum of $210.00 immediately and such sum is to be set off against the monies payable by the applicant herein to the respondent herein in matter COM 14/24057 Catchwords: AGRICULTURAL TENANCY – tenant's obligations – fair compensation for any deterioration of the farm during the tenancy Legislation Cited: Agricultural Tenancies Act 1990 ss 3, 4, 19A and 20. Civil and Administrative Tribunal Act 2013, s41. Texts Cited: McGregor on Damages (15th edition Category: Principal judgment Parties: Kathryn Lyall (applicant) James Bullen (respondent) Representation: The parties appeared in person File Number(s): COM 14/31904 Publication restriction: Nil

judgment

APPLICATION 1. By an application filed on 19 June 2014 the applicant as the occupant of a property at 622 Lambs Valley Road, Lambs Valley, brought proceedings against the respondent as a tenant share farmer claiming compensation pursuant to s 19A of the Agricultural Tenancies Act 1990 for damage to fence lines in the horse paddock near the house and a fence line near the stock yards as well as damage to a stockyard rail and a sagging fence line as a result of the installation of a 'Queensland gate'. 2. The present application was filed following an application brought by the respondent herein seeking compensation against the applicant herein in a related matter COM 1424057. 3. Both matters were heard together and the background in relation to the tenancy has been more fully set out in the related application.