Loretta Caelli v Robert Cant

Loretta Caelli brought an action against Robert Cant in relation to a dispute over a property used for agricultural purposes. Ms Caelli claimed that she had been wrongfully evicted from the property and sought payment for unpaid rent. Mr Cant denied that he owed any rent and argued that there was no valid tenancy agreement in place. The matter was heard in the Magistrates' Court of Victoria.

The court had to determine whether there was a valid agricultural tenancy agreement between the parties and if so, whether it was properly terminated. Additionally, the court needed to decide if Ms Caelli was entitled to payment for unpaid rent and if Mr Cant had breached any obligations under the Agricultural Tenancy Act 1994 (Vic). The court considered the evidence presented by both parties, including witness statements and documentary evidence, to ascertain the nature of the relationship between Ms Caelli and Mr Cant and the terms of their arrangement.

After considering the evidence, the court found that there was a valid agricultural tenancy agreement between the parties, albeit not in written form. The court held that the agreement was evidenced by the conduct of the parties and the payment of rent. The court further found that Ms Caelli had been wrongfully evicted from the property and that Mr Cant was liable for unpaid rent. The court ordered Mr Cant to pay Ms Caelli the sum of $253.75 within 28 days. The court declined to make any order as to costs.