Steak Plains Olive Farm Pty Ltd v Australian Executor Trustees Limited [2015] NSWSC 289

Supreme Court New South Wales

Medium Neutral Citation: Steak Plains Olive Farm Pty Ltd v Australian Executor Trustees Limited [2015] NSWSC 289 Hearing dates: 27 February 2015 Decision date: 25 March 2015 Jurisdiction: Equity Division Before: White J Decision: Refer to para [112] of judgment Catchwords: EQUITABLE REMEDIES – relief against forfeiture – whether claim for relief against forfeiture is a "defence" within s 6 of the Law Reform (Law and Equity) Act 1972 (NSW) – whether and to what extent the Civil and Administrative Tribunal has power to award relief analogous to equitable relief against forfeiture pursuant to ss 20 and 21 of the Agricultural Tenancies Act 1990 (NSW) – held that the Tribunal can give effect to a defence to a claim for possession that tenant under an agricultural lease is entitled to relief against forfeiture pursuant to s 6 of the Law Reform (Law and Equity) Act and that the Tribunal has power under ss 20(1)(b) and 21(1)(a) of the Agricultural Tenancies Act to make orders in the nature of relief against forfeiture

COURTS AND TRIBUNALS – jurisdiction of Supreme Court and Civil and Administrative Tribunal – plaintiff and defendant are lessee and lessor respectively under an agricultural tenancy – defendant commenced proceedings in the Tribunal seeking possession of the land – plaintiff sought to have Tribunal proceedings transferred to Supreme Court – plaintiff then commenced proceedings in Supreme Court seeking relief against forfeiture – application for transfer dismissed by Tribunal – appeal dismissed by Appeal Panel – plaintiff sought leave to appeal to Supreme Court – defendant applied to have proceedings for relief against forfeiture dismissed or stayed – whether Supreme Court has jurisdiction to hear claim for relief against forfeiture where the Tribunal proceedings were commenced before the Supreme Court proceedings – whether there was an "issue arising under the application was the subject of a dispute in proceedings pending before a court" within clause 5(3) of Schedule 4 to the Civil and Administrative Tribunal Act 2013 (NSW) – held, dismissing the claim for relief against forfeiture and staying the claim for damages: where a claim for possession of land is made in the Tribunal and subsequent Supreme Court proceedings are commenced seeking relief against forfeiture, the Supreme Court has no jurisdiction in relation to that issue Legislation Cited: Agricultural Tenancies Act 1990 (NSW) Building and Construction Industry Security of Payment Act 1999 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) County Courts Act 1959 (UK) Interpretation Act 1987 (NSW) Law Reform (Law and Equity) Act 1972 (NSW) Residential Tenancies Act 1987 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Advance Earthmovers Pty Ltd v Fubew Pty Ltd [2009] NSWCA 337 Attorney-General (NSW) v X [2000] NSWCA 199; (2000) 49 NSWLR 653 Australian Executor Trustees Limited v Steak Plains Olive Farm Pty Limited [2014] NSWCAT 248 Click here to enter text.Australian Executor Trustees Ltd v Steak Plains Olive Farm Pty Ltd [2014] NSWCATCD 143 Be Financial Pty Ltd v Das [2012] NSWCA 164 Boyd v Halstead; ex parte Halstead [1985] 2 Qd R 249 Bushby v Dixon Holmes du Pont Pty Ltd [2010] NSWSC 234; (2010) 78 NSWLR 111 Cachia v Isaacs (1985) 3 NSWLR 366 Cohen-Hallaleh v Cyril Rosenbaum Synagogue Pty Ltd [2003] Craig v South Australia (1995) 184 CLR 163 Ferella v Chief Commissioner of State Revenue [2014] NSWCA 378 Ken Wolf Real Estate Pty Ltd v O'Halloran [2012] NSWSC 993 Kingswood Estate Co Ltd v Anderson [1963] 2 QB 169 Rushton v Smith [1976] QB 480 Lambidis v Commissioner of Police (1995) 37 NSWLR 320 Tiufino v Warland [2000] NSWCA 110; (2000) 50 NSWLR 104 Morris v Riverwild Management Pty Ltd [2011] VSCA 283; (2011) 38 VR 103 Orellana-Fuentes v Standard Knitting Mills Pty Ltd [2003] NSWCA 146; (2003) 57 NSWLR 282 Permanent Mortgages Pty Ltd v Garton [2008] NSWSC 497 teak Plains Olive Farm Pty Limited v Australian Executor Trustees Limited [2014] NSWCATAP 85 The Age Co Ltd v Liu [2013] NSWCA 26; (2013) 82 NSWLR 268 Trust Company of Australia Ltd v Skiwing Pty Ltd [2006] NSWCA 185; (2006) 66 NSWLR 77 Zavodnyik v Alex Constructions Pty Ltd [2005] NSWCA 438; (2005) 67 NSWLR 457 Texts Cited: R P Meagher, J D Heydon & M Leeming, Meagher, Gummow & Lehane's Equity: Doctrines & Remedies, 4th ed (2002), Chatswood, LexisNexis Butterworths Law Reform Commission of New South Wales on Law and Equity ([1971] NSWLRC 13) Category: Procedural and other rulings Parties: Steak Plains Olive Farm Pty Ltd (Plaintiff) Australian Executor Trustees Limited (Defendant) Representation: Counsel: E Holmes (Plaintiff) J Stoljar SC with I Archibald (Defendant)