Lismore City Council v Green Gro P/L

[2003] NSWCA 19

NSW Court of Appeal

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Interrogate

Catchwords

1. Landlord and Tenant
2. › Agricultural tenancies
3. › Improvements
4. › Right to compensation
5. › Whether Act operates where improvements are works tenant obliged to create under tenancy agreement
6. › Whether tenant already compensated by reduction of rent
7. › Agricultural Tenancies Act 1900 (NSW), ss 4, 5, 15(1)
1. Landlord and Tenant
2. › Agricultural tenancies
3. › Improvements
4. › Valuation
5. › Value to incoming tenant
6. › Deduction for consideration or benefit given by owner
7. › Agricultural Tenancies Act 1900 (NSW), s 15(1)

Quick Take

The Agricultural Tenancies Act 1900 (NSW) does not entitle a tenant to compensation for improvements where those improvements were works the tenant was obliged to create under the tenancy agreement and the tenant has already been compensated through reduced rent. In assessing the value of improvements under s 15(1), the court must consider both the value to an incoming tenant and the value of any consideration or benefit given by the owner to the tenant for carrying out the improvement.

Case Details

Citation[2003] NSWCA 19

CourtNSWCA

JurisdictionNew South Wales

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Cited by2

2007REGINA v TO Si ThanhNSWCCA 200
2004Cumulus Wines v Huntley Management; Reynolds Wines v Huntley ManagementNSWSC 609

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