Parker v Morrison; Morrison v Parker [2022] NSWCATCD 52

Parker v Morrison; Morrison v Parker [2022] NSWCATCD 52

The Tribunal dismissed both proceedings as neither party established a compensable loss or right under the applicable statutes or agreements: claims for compensation under the Agricultural Tenancies Act were not substantiated by evidence of value decrease, and consumer law claims failed for absence of a supplier/consumer relationship and loss.

Jurisdiction
Australia
Judgment Date
04 April 2022
Procedural Posture
Civil and Administrative Tribunal Proceeding / Final Decision After Hearing on the Merits
Outcome
Both proceedings dismissed; extension of time granted for their commencement.
Legal Topics
['extension of Time to Commence Proceedings' 'compensation for Deterioration of Agricultural Tenancies' 'consumer Claims Under Fair Trading Act' 'misleading or Deceptive Conduct' 'jurisdiction of Tribunal']
['consumer Law' 'civil Procedure' 'leases and Tenancies'] ['extension of Time to Commence Proceedings' 'compensation for Deterioration of Agricultural Tenancies' 'consumer Claims Under Fair Trading Act' 'misleading or Deceptive Conduct' 'jurisdiction of Tribunal']

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Procedural Posture

Civil and Administrative Tribunal Proceeding / Final Decision After Hearing on the Merits

Legal Issues

  1. 1 ['Whether the tenancy agreement is governed by the Agricultural Tenancies Act 1990 (NSW) or the Residential Tenancies Act 2010 (NSW)' 'Whether the Tribunal has jurisdiction to determine the proceedings' 'Whether the time for commencement should be extended for both proceedings' 'Whether the tenant is liable to the owner for damage to the property' 'Whether the owner is liable to the tenant for loss due to unusable part of property' 'Whether the tenant is entitled to damages against the agent for misleading or deceptive conduct']

Ratio Decidendi

The Tribunal dismissed both proceedings as neither party established a compensable loss or right under the applicable statutes or agreements: claims for compensation under the Agricultural Tenancies Act were not substantiated by evidence of value decrease, and consumer law claims failed for absence of a supplier/consumer relationship and loss.

Court Disposition

Both proceedings dismissed; extension of time granted for their commencement.

Orders

  • ['Time is extended for the commencement of the COM 21/47990 proceedings until 22 November 2021.' 'Proceedings COM 21/47990 are dismissed.' 'Time is extended for the commencement of the COM 22/05329 proceedings until 7 February 2022.' 'Proceedings COM 22/05329 are dismissed.']