Mongan v Bruce [2015] NSWCATCD 117

Mongan v Bruce [2015] NSWCATCD 117

Applicants were entitled to terminate the Lease with one month's notice under clause 4(c) of the Lease and s 14 of the Act; no share farming agreement existed; Respondents may be entitled to compensation for products (crop) left on Land under s 19 of the Act.

Jurisdiction
Australia
Judgment Date
03 November 2015
Procedural Posture
Application / Principal Judgment
Outcome
Orders for termination of tenancy, vacation of land, monetary settlement, and provision for compensation determination.
Legal Topics
['lease Termination' 'compensation for Agricultural Tenants']

Case Brief

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Procedural Posture

Application / Principal Judgment

  1. 1 ["Whether one month's notice is sufficient to terminate the lease under the Act and Lease" 'Whether the lease constitutes a share farming agreement' 'Entitlement to compensation for products left on the land']

Ratio Decidendi

Applicants were entitled to terminate the Lease with one month's notice under clause 4(c) of the Lease and s 14 of the Act; no share farming agreement existed; Respondents may be entitled to compensation for products (crop) left on Land under s 19 of the Act.

Court Disposition

Orders for termination of tenancy, vacation of land, monetary settlement, and provision for compensation determination.

Orders

  • ['Respondents to vacate the Land within 14 days of the Decision' 'Applicants to submit statement of moneys owed under the Lease; payment by Respondents within 14 days unless relisted before Tribunal' "If no agreement on compensation under s19 of the Act within 28 days, either party may relist before Tribunal on 7...