Coomber v Butler [2018] NSWCATAP 153

Coomber v Butler [2018] NSWCATAP 153

The post-expiry tenancy, following refusal to sign a renewal, was inferred on the same terms as the original Lease, except for the renewal clause, i.e. a six-month period; the Tribunal erred in finding a three-month periodic tenancy. Acceptance of the Tribunal's findings regarding ownership of the cattle crush was upheld due to contemporaneous evidence and credibility determinations unavailable for appellate review.

Parties
First Appellant: Ronald George Coomber; Second Appellant: Wendy Gai Coomber; Respondent: Julie Anne Butler
Jurisdiction
Australia
Judgment Date
20 June 2018
Procedural Posture
Appeal / Final Determination
Outcome
Appeal allowed in part; order 1 of 29 January set aside; permanent restraint order made; otherwise, leave to appeal refused and appeal dismissed.
Legal Topics
Fixed Term Tenancy, Tenancy Renewal, Holding Over, Collateral Agreement, Termination of Periodic Tenancy, Ownership of Fixtures
Agricultural Tenancy Contract Law Fixed Term Tenancy Tenancy Renewal Holding Over Collateral Agreement Termination of Periodic Tenancy Ownership of Fixtures

Case Brief

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Parties

Ronald George Coomber

First Appellant

Wendy Gai Coomber

Second Appellant

Julie Anne Butler

Respondent

Procedural Posture

Appeal / Final Determination

Legal Issues

  1. 1 Whether the post-expiry tenancy was for 3 months or 6 months period
  2. 2 Whether the Tribunal correctly found a collateral agreement requiring the crush to be left for landlord's ownership

Ratio Decidendi

The post-expiry tenancy, following refusal to sign a renewal, was inferred on the same terms as the original Lease, except for the renewal clause, i.e. a six-month period; the Tribunal erred in finding a three-month periodic tenancy. Acceptance of the Tribunal's findings regarding ownership of the cattle crush was upheld due to contemporaneous evidence and credibility determinations unavailable for appellate review.

Court Disposition

Appeal allowed in part; order 1 of 29 January set aside; permanent restraint order made; otherwise, leave to appeal refused and appeal dismissed.

Orders

  • The appeal is allowed in part and order 1 made 29 January is set aside.
  • The respondent, Julie Anne Butler, is permanently restrained from taking any steps to forfeit the tenancy with Ronald George Coomber and Wendy Gai Coomber or retake possession of the land, identified in the document entitled Working Farm Lease Agreement dated 11 September 2015, in consequence of the purported Notice...