Austcorp No.459 Pty Ltd v Shaaban; Shaaban v Austcorp No.459 Pty Ltd [2019] NSWCATCD 46

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Austcorp No.459 Pty Ltd v Shaaban; Shaaban v Austcorp No.459 Pty Ltd [2019] NSWCATCD 46 Hearing dates: 5 February 2019 Date of orders: 30 May 2019 Decision date: 30 May 2019 Jurisdiction: Consumer and Commercial Division Before: T Simon, Senior Member Decision: The Tribunal makes the following orders:

1. The tenancy is terminated as of 18 January 2019.

2. Hussain Shaaban is to pay Austcorp No.459 Pty Limited the sum of $8,785.71 immediately.

3. Austcorp No.459 Pty Limited is to allow Hussain Shaaban access on or before 30 June for the purposes of recovery of any remaining trees or greenhouses on the property.

4. If either party seeks to make an application for costs, they are to provide to the Tribunal and the other party, either in person or by post, submissions and documents in relation to costs by 14 June 2019.

5. Parties are to provide to the Tribunal and the other party any response to the cost's application, either in person or by post, submissions by 28 June 2019.

6. Costs will be determined on the papers. If either party seeks to be heard in person, they should advise the Registry prior to 20 June 2019, setting out the reasons why and the Registry would advise of the outcome in due course. Catchwords: AGRICULTURAL TENANCY– termination – damages. Legislation Cited: Agricultural Tenancies Act 1990 Residential Tenancies Act 2010 Cases Cited: Toll (FGCT) Pty Ltd v Alphapharm Pry Ltd (2004] HCA 52; (2004) 219 CLR 165 Category: Principal judgment Parties: Proceedings COM 18/42861: Austcorp Pty Ltd (Applicant/Landlord) Hussain Shaaban (Respondent/Tenant)