Steak Plains Olive Farm Pty Ltd v Australian Executor Trustees Limited [2015] NSWSC 289

Steak Plains Olive Farm Pty Ltd v Australian Executor Trustees Limited [2015] NSWSC 289

The Tribunal (NCAT) has power under ss 20 and 21 of the Agricultural Tenancies Act 1990 (NSW) to resolve tenancy disputes and to grant orders sufficient to provide relief against forfeiture, including measures such as refusing possession to the landlord where warranted. As the Tribunal proceedings were instituted before Supreme Court proceedings, the Supreme Court has no jurisdiction, by force of clause 5(3) of Schedule 4 to the Civil and Administrative Tribunal Act 2013 (NSW), to determine the same issue (i.e., the entitlement to possession or relief against forfeiture). Claims for damages exceeding the Tribunal's limit may remain in the Supreme Court but should be stayed pending the...

Parties
Plaintiff: Steak Plains Olive Farm Pty Ltd; Defendant: Australian Executor Trustees Limited
Jurisdiction
Australia
Judgment Date
25 March 2015
Procedural Posture
Equity (forfeiture of Lease, Relief Against Forfeiture, Transfer and Jurisdiction) / Judgment on Leave to Appeal and Motion to Stay/dismiss Supreme Court Proceedings, Considering Outcome of Tribunal and Appeal Panel
Outcome
Plaintiff granted leave to appeal on the single ground (Tribunal's power under ss 20 and 21), leave otherwise refused; appeal dismissed; Supreme Court proceedings on relief against forfeiture and possession dismissed; damages claim stayed; Tribunal allowed to proceed.
Legal Topics
Relief Against Forfeiture, Transfer of Proceedings Between Tribunal and Supreme Court, Jurisdictional Limits of NCAT and Supreme Court, Statutory Interpretation of Agricultural Tenancies Act 1990 (nsw) and Civil and Administrative Tribunal Act 2013 (nsw), Application of Law Reform (law and Equity) Act 1972 (nsw), Damages Claims Exceeding Tribunal Limit, Issue Estoppel
Equity Property Law Civil Procedure Administrative Law Relief Against Forfeiture Transfer of Proceedings Between Tribunal and Supreme Court Jurisdictional Limits of NCAT and Supreme Court Statutory Interpretation of Agricultural Tenancies Act 1990 (nsw) and Civil and Administrative Tribunal Act 2013 (nsw) +3 more

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Parties

Steak Plains Olive Farm Pty Ltd

Plaintiff

Australian Executor Trustees Limited

Defendant

Procedural Posture

Equity (forfeiture of Lease, Relief Against Forfeiture, Transfer and Jurisdiction) / Judgment on Leave to Appeal and Motion to Stay/dismiss Supreme Court Proceedings, Considering Outcome of Tribunal and Appeal Panel

Legal Issues

  1. 1 Does the Tribunal have power to grant relief in the nature of relief against forfeiture under ss 20 and 21 of the Agricultural Tenancies Act 1990 (NSW)?
  2. 2 Does clause 5(3) of Schedule 4 to the Civil and Administrative Tribunal Act 2013 (NSW) deprive the Supreme Court of jurisdiction when Tribunal proceedings were commenced first?
  3. 3 Should the Supreme Court proceedings for relief against forfeiture or damages be stayed or dismissed due to Tribunal proceedings?

Ratio Decidendi

The Tribunal (NCAT) has power under ss 20 and 21 of the Agricultural Tenancies Act 1990 (NSW) to resolve tenancy disputes and to grant orders sufficient to provide relief against forfeiture, including measures such as refusing possession to the landlord where warranted. As the Tribunal proceedings were instituted before Supreme Court proceedings, the Supreme Court has no jurisdiction, by force of clause 5(3) of Schedule 4 to the Civil and Administrative Tribunal Act 2013 (NSW), to determine the same issue (i.e., the entitlement to possession or relief against forfeiture). Claims for damages exceeding the Tribunal's limit may remain in the Supreme Court but should be stayed pending the...

Court Disposition

Plaintiff granted leave to appeal on the single ground (Tribunal's power under ss 20 and 21), leave otherwise refused; appeal dismissed; Supreme Court proceedings on relief against forfeiture and possession dismissed; damages claim stayed; Tribunal allowed to proceed.

Orders

  • Proceeding 2014/358386: Leave to appeal granted on whether Tribunal has power under ss 20 and 21 of the Agricultural Tenancies Act to grant relief against forfeiture; appeal on that question dismissed; other claims for leave dismissed; stay on Tribunal proceedings discharged; summons otherwise dismissed.
  • Proceeding 2014/176409: Claims for relief in paras 1-4 of the summons and in paras 1-3 under 'Relief Claimed' in statement of claim dismissed; balance stayed pending Tribunal determination; Defendant’s notice of motion otherwise dismissed; liberty to apply for further order.