Roth v Pipeclay Creek [2014] NSWCATCD 235

Roth v Pipeclay Creek [2014] NSWCATCD 235

The Tribunal has jurisdiction to hear and determine the application against all respondents including guarantors under s20(1)(b) of the AT Act, the application was made out of time but the Tribunal exercises its discretion under s41 of the Act to extend time to 25 April 2014, and registration of the lease is not required for enforceability as the leases were each for three years; thus, proceedings may continue.

Parties
Applicant: G W Roth; Applicant: I H Roth; Respondent: Pipeclay Creek Holdings Pty Ltd; Respondent: A B Gartrell; Respondent: B M Bannister
Jurisdiction
Australia
Judgment Date
05 December 2014
Procedural Posture
Application / Preliminary Determination—extension of Time and Jurisdiction
Outcome
Time for filing the application is extended. The Tribunal has jurisdiction. Application not struck out; proceedings relisted for directions.
Legal Topics
Extension of Time, Jurisdiction, Agricultural Tenancies, Guarantor Liability, Registration of Lease
Consumer Law Commercial Law Property Law Extension of Time Jurisdiction Agricultural Tenancies Guarantor Liability Registration of Lease

Case Brief

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Parties

G W Roth

Applicant

I H Roth

Applicant

Pipeclay Creek Holdings Pty Ltd

Respondent

A B Gartrell

Respondent

B M Bannister

Respondent

Procedural Posture

Application / Preliminary Determination—extension of Time and Jurisdiction

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to hear and determine the application in respect of the guarantors under the Agricultural Tenancies Act 1990.
  2. 2 Whether the application should be struck out pursuant to clause 10 Schedule 4 of the Civil and Administrative Tribunal Act.
  3. 3 Whether the application was made out of time under s20(2) of the Agricultural Tenancies Act, and if so, whether time should be extended.

Ratio Decidendi

The Tribunal has jurisdiction to hear and determine the application against all respondents including guarantors under s20(1)(b) of the AT Act, the application was made out of time but the Tribunal exercises its discretion under s41 of the Act to extend time to 25 April 2014, and registration of the lease is not required for enforceability as the leases were each for three years; thus, proceedings may continue.

Court Disposition

Time for filing the application is extended. The Tribunal has jurisdiction. Application not struck out; proceedings relisted for directions.

Orders

  • Time required to file the application is extended to 25 April 2014 under s41 of the Act.
  • Application to be listed for directions.