McCann v Coffs Harbour City Council [2015] NSWCATCD 150

McCann v Coffs Harbour City Council [2015] NSWCATCD 150

Improvement compensation under Agricultural Tenancies Act s6(4) is generally payable only at the end of the tenancy unless the Tribunal determines otherwise; in this case, no basis was found to make compensation payable earlier, and fair compensation was determined at nil due to full depreciation, commercial returns, and benefits received.

Jurisdiction
Australia
Judgment Date
16 December 2015
Procedural Posture
Application / Decision
Outcome
application dismissed
Legal Topics
['tenant Improvements' 'compensation for Improvements' 'timing of Compensation Claim']
['agricultural Tenancy' 'property Law'] ['tenant Improvements' 'compensation for Improvements' 'timing of Compensation Claim']

Case Brief

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Procedural Posture

Application / Decision

Legal Issues

  1. 1 ['Whether tenant compensation for improvements can be claimed during the tenancy under Agricultural Tenancies Act 1990 (NSW) s6(4)' "How 'fair compensation' for improvements is determined under the Act" 'Relevance of depreciation and financial benefit in calculating compensation']

Ratio Decidendi

Improvement compensation under Agricultural Tenancies Act s6(4) is generally payable only at the end of the tenancy unless the Tribunal determines otherwise; in this case, no basis was found to make compensation payable earlier, and fair compensation was determined at nil due to full depreciation, commercial returns, and benefits received.

Court Disposition

application dismissed

Orders

  • ['The application is dismissed.' "The applicants are to pay the respondent's costs as agreed or assessed."]