Coomber v Butler [2018] NSWCATAP 153

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Coomber v Butler [2018] NSWCATAP 153 Hearing dates: 15 May 2018 Date of orders: 20 June 2018 Decision date: 20 June 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member J McAteer, Senior Member Decision: 1. The appeal is allowed in part and order 1 made 29 January is set aside.

2. The respondent, Julie Anne Butler, is permanently restrained from taking any steps to forfeit the tenancy with Ronald George Coomber and Wendy Gai Coomber or retake possession of the land, identified in the document entitled Working Farm Lease Agreement dated 11 September 2015, in consequence of the purported Notice of Termination dated 14 November 2016.

3. Leave to appeal is refused and the appeal is otherwise dismissed. Catchwords: AGRICULTURAL TENANCY – Fixed term agreement – Right to renew – Failure to sign renewed lease – Tenant remaining on possession after expiry of fixed term – Holding over where no express agreement – Inferred agreement – Termination of periodic tenancy

COLLATERAL AGREEMENT – Oral agreement – witness preferred – contemporaneous document corroborating oral evidence Legislation Cited: Agricultural Tenancies Act 1990 (NSW) Civil and Administrative Tribunal Act, 2013 (NSW) Civil and Administrative Tribunal Rules, 2014 (NSW) Conveyancing Act, 1919 (NSW) Cases Cited: BP Refineries (Westernport) Pty Ltd v Shire of Hastings (1937) 180 CLR 266 Burnham v Carroll Musgrove Theatres Limited and Another (1928) 41 CLR 540 Codelfa Construction Pty Ltd v State Rail Authority (NSW) (1982) 149 CLR 337 Cole v Kelly [1920] 2 KB 106 Collins v Urban [2014] NSWCATAP 17 Dockrill v Cavanagh (1944) 45 SR (NSW) 78 Empirnall Holdings Pty Ltd v Machon Paull Partners Pty Ltd [1988] 14 NSWLR 523 Gill v Wright [1964-5] NSWR 1500 Integrated Computer Services Pty Ltd v Digital Equipment Corporation (Australia) Pty Ltd [1988] 5 BPR 11,110 Landale v Menzies (1909) 9 CLR 89 Steak Plains Olive Farm is Pty Ltd v Australian Executor or Trustees Limited [2015] NSWSC 289 Category: Principal judgment Parties: Ronald George Coomber (First Appellant) Wendy Gai Coomber (Second Appellant) Julie Anne Butler (Respondent) Representation: R Coomber in person for both Appellants T Fishburn, Counsel (Respondent)