McCann v Coffs Harbour City Council [2015] NSWCATCD 150

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McCann v Coffs Harbour City Council [2015] NSWCATCD 150 Hearing dates: 26 October 2015 Decision date: 16 December 2015 Jurisdiction: Consumer and Commercial Division Before: J Levingston, General Member Decision: 1The application is dismissed.

2The applicants are to pay the respondent's costs as agreed or assessed. Catchwords: AGRICULTURAL TENANCY – tenant improvements – compensation – compensation claimed during tenancy Legislation Cited: Agricultural Tenancies Act 1990 (NSW) s6, 15 , 17 Cases Cited: CIC Insurance Ltd v Bankstown Football Club Ltd [1997] HCA 2; (1997) 187 CLR 384 Lismore City Council v Green Gro Pty Ltd (2003) 56 NSWLR 204; [2003] NSWCA 19 Category: Principal judgment Parties: Geoffrey and Robyn McCann (applicants) Coffs Harbour City Council (respondent) Representation: Solicitors: Mr GL Abbott for the applicants Mr M Cottom for the respondent File Number(s): COM 15/40089 Publication restriction: Nil

REASONS FOR DECISION

APPLICATION 1. This is an application by Mr and Mrs McCann (McCann) as tenants filed 25 June 2015 seeking orders against the respondent Coffs Harbour City Council (CHCC) as landlord under the Agricultural Tenancies Act 1990 (NSW) (ATA) s6 that compensation is payable in the sum of $470,000.00 for improvements to the CHCC property at Morgans Road Sandy Beach, Coffs Harbour (the Property). The application also included a claim under ATA s18 for general improvements which was withdrawn at the hearing.

APPEARANCES 1. Both parties appeared at the hearing in Coffs Harbour and the application was opposed. McCann appeared by their solicitor Mr Abbott of Messrs GL Abbott & Co of Woolgoolga and CHCC by its solicitor Mr Cottom of Messrs HWL Ebsworth Lawyers of Sydney. JURISDICTION 1. This Tribunal has jurisdiction pursuant to the Civil and Administrative Tribunal Act 2013 (NSW) ("CATA") ss28 (Jurisdiction of Tribunal generally), 29 (General jurisdiction) and Schedule 4 clause 3 (Functions allocated to Division) and power to make orders pursuant to the ATA s21.