M&R Etri and Amani Farming Pty Ltd v M&R Desai [2022] NSWCATAP 211

M&R Etri and Amani Farming Pty Ltd v M&R Desai [2022] NSWCATAP 211

Although the short delay in lodging the appeal justified extending time, the appeal raised no question of law and there was no evidentiary basis to disturb the finding that no second lease was proved or that rent to 30 June 2022 had been miscalculated to the Appellants' detriment. The parties' later agreement changed the possession date and payment arrangements, meaning the original possession order could not be enforced and the money order had been paid; the appeal was therefore largely moot. There was no legal basis to set aside the subsequent agreement merely because the Respondents' separate costs application at first instance was dismissed. The appeal was dismissed, and despite its...

Jurisdiction
Australia
Judgment Date
29 June 2022
Procedural Posture
Appeal Concerning Agricultural Tenancy Orders / Appeal Panel Hearing of Appeal From New South Wales Civil and Administrative Tribunal, Consumer and Commercial Division
Outcome
Time for lodgement of the appeal extended; appeal dismissed; Respondents' application for costs of the appeal dismissed.
Legal Topics
['extension of Time for Lodgement of Appeal' 'moot Appeal' 'possession Order' 'rent Arrears' 'second Lease' 'tribunal Costs']
['agricultural Tenancies' 'civil and Administrative Tribunal Procedure' 'appeals' 'costs'] ['extension of Time for Lodgement of Appeal' 'moot Appeal' 'possession Order' 'rent Arrears' 'second Lease' 'tribunal Costs']

Case Brief

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Procedural Posture

Appeal Concerning Agricultural Tenancy Orders / Appeal Panel Hearing of Appeal From New South Wales Civil and Administrative Tribunal, Consumer and Commercial Division

Legal Issues

  1. 1 ['Whether time for lodgement of the appeal should be extended.' 'Whether the appeal raised a question of law or should otherwise proceed with leave.' 'Whether the Tribunal erred in finding that there was no second lease for a further two-year term.' 'Whether the subsequent agreement between the parties made the appeal moot.' 'Whether special circumstances warranted an order for costs of the appeal.']

Ratio Decidendi

Although the short delay in lodging the appeal justified extending time, the appeal raised no question of law and there was no evidentiary basis to disturb the finding that no second lease was proved or that rent to 30 June 2022 had been miscalculated to the Appellants' detriment. The parties' later agreement changed the possession date and payment arrangements, meaning the original possession order could not be enforced and the money order had been paid; the appeal was therefore largely moot. There was no legal basis to set aside the subsequent agreement merely because the Respondents' separate costs application at first instance was dismissed. The appeal was dismissed, and despite its...

Court Disposition

Time for lodgement of the appeal extended; appeal dismissed; Respondents' application for costs of the appeal dismissed.

Orders

  • ['The time for lodgement of the appeal is extended.' 'The Appeal is dismissed.' "The Respondents' application for an order for costs of the appeal is dismissed."]