Mongan v Bruce [2015] NSWCATCD 117

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mongan v Bruce [2015] NSWCATCD 117 Hearing dates: On the papers Decision date: 03 November 2015 Jurisdiction: Consumer and Commercial Division Before: D Bluth, Senior Member Decision: 1. The respondents are to vacate the Land within 14 days of the date of this Decision.

2. The applicants are to submit to the respondents a statement of moneys owed under the Lease showing the calculations. Failing agreement on the amount owed either party can relist before the Tribunal on 7 days' notice. Payment by the respondents to the applicants must be made within 14 days of submission of the statement unless relisted before the Tribunal.

3. If the parties cannot agree to the amount of compensation under s19 of the Agricultural Tenancies Act 1990 payable by the applicants to the respondents within 28 days of the date of this Decision then either party can relist before the Tribunal on 7 days' notice. Catchwords: Lease under the Agricultural Tenancies Act 1990 Under s 19 of the Agricultural Tenancies Act 1990 payable by the applicants to the respondents Category: Principal judgment Parties: Michael Peter Mongan and Kathleen Maud Mongan (Applicants) Andrew Robert Bruce and Lynette Doris Bruce (Respondents) Representation: Solicitors: Cassidys Morrison & Teare (Applicants) David Kotthoff (Respondents) File Number(s): COM 15/40995 Publication restriction: Nil

reasons for decision 1. Michael Peter Mongan and Kathleen Maud Mongan (the Applicants), are the registered proprietors of land in Certificate of Title Folio Identifier [********] Mulwala, New South Wales (Land). 2. Andrew Robert Bruce and Lynette Doris Bruce (the Respondents), entered into a contract for sale of land dated 21 March 2012 to purchase the Land from the Applicants, with the sale of the land to be completed no later than 15 January 2014 (Contract). As part of the sale, the Applicants agreed to lease the Land to the Respondents for a term of two years. 3. A written lease of the Land was entered into between the Applicants and the Respondents for a term of two years commencing on 15 January 2012 and expiring on 14 January 2014 (Lease). 4. On 21 January 2014, the Applicants were advised that the Respondents were unable to complete the Contract on the due date. 5. The Applicants agreed to extend the completion date of the Contract to 15 January 2015. However, the Lease was not renewed and the Respondents continued to occupy the Land as a monthly tenant pursuant to clause 4(c) of Annexure A of the Lease. 6. The Respondents failed to complete the Contract on 15 January 2015. 7. As a result, under the Contract the Applicants served on the Respondents a Notice to Complete the Contract (Notice to Complete). 8. The Respondents failed to comply with the Notice to Complete and, under the Lease the Applicants served on the Respondents a Notice of Termination and to Quit dated 1 April 2015 (Notice of Termination). The Applicants demanded immediate possession of the Land and required the Respondents to vacate the Land on or before 10 May 2015. The Respondents have not vacated.