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

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

The Tribunal accepted the landlord's evidence that the parties' agricultural tenancy was on the written one-year terms and rejected the alleged oral agreement for a 15-year lease and flexible rent. The tenant stopped paying rent after 12 September 2018 and rent was paid only to 17 September 2018. That failure to pay rent was a sufficiently serious breach justifying termination, and the tenancy was terminated as of 18 January 2019 with outstanding rent of $8,785.71 payable. The tenant's compensation claim failed because the Tribunal was not satisfied that the alleged orchard, shed or greenhouses were consented improvements of value to an incoming tenant or that their claimed values were...

Jurisdiction
Australia
Judgment Date
30 May 2019
Procedural Posture
Agricultural Tenancy Dispute / Principal Judgment After Hearing of Landlord's Application for Termination, Possession and Rent, and Tenant's Cross Application for Compensation for Improvements
Outcome
Landlord's application granted in part; tenant's application for compensation dismissed; access and costs directions made.
Legal Topics
['termination of Agricultural Tenancy' 'non Payment of Rent' 'compensation for Improvements' 'access to Recover Tenant Property' 'costs Directions']
['agricultural Tenancy' 'property Law'] ['termination of Agricultural Tenancy' 'non Payment of Rent' 'compensation for Improvements' 'access to Recover Tenant Property' 'costs Directions']

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Procedural Posture

Agricultural Tenancy Dispute / Principal Judgment After Hearing of Landlord's Application for Termination, Possession and Rent, and Tenant's Cross Application for Compensation for Improvements

Legal Issues

  1. 1 ["Whether the parties' agricultural tenancy was on the written terms of a one-year lease at $500 per week or on alleged oral terms for a longer and larger lease with flexible rent." "Whether the tenant's non-payment of rent justified termination of the tenancy and an order for outstanding rent." 'Whether the tenant was entitled to compensation for alleged improvements including fruit trees, a shed and greenhouse structures.' 'Whether the tenant should be allowed access to recover remaining trees or greenhouses from the property.']

Ratio Decidendi

The Tribunal accepted the landlord's evidence that the parties' agricultural tenancy was on the written one-year terms and rejected the alleged oral agreement for a 15-year lease and flexible rent. The tenant stopped paying rent after 12 September 2018 and rent was paid only to 17 September 2018. That failure to pay rent was a sufficiently serious breach justifying termination, and the tenancy was terminated as of 18 January 2019 with outstanding rent of $8,785.71 payable. The tenant's compensation claim failed because the Tribunal was not satisfied that the alleged orchard, shed or greenhouses were consented improvements of value to an incoming tenant or that their claimed values were...

Court Disposition

Landlord's application granted in part; tenant's application for compensation dismissed; access and costs directions made.

Orders

  • ['The tenancy is terminated as of 18 January 2019.' 'Hussain Shaaban is to pay Austcorp No.459 Pty Limited the sum of $8,785.71 immediately.' '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.' 'If...