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
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Application / Principal Judgment
Legal Issues
- 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...
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment