Belmore Property Co (Pty) Ltd v Allen [1950] HCA 5

Belmore Property Co (Pty) Ltd v Allen [1950] HCA 5

Section 41 prohibits prohibition or certiorari only after a determination is made by the Fair Rents Board; prior to a determination, such proceedings may lie. However, since the building lease and the premises in question are within the operation of the Act, and the Board has jurisdiction to increase rent, there is no reason to grant special leave to appeal.

Parties
Applicants: Belmore Property Company (Proprietary) Limited and another; Respondents: Allen and another
Jurisdiction
Australia
Procedural Posture
Application for Special Leave to Appeal / Application for Special Leave to Appeal From the Supreme Court of New South Wales (full Court)
Outcome
application for special leave to appeal refused
Legal Topics
Building Lease, Jurisdiction of Fair Rents Board, Prohibition, Fair Rent Determination
Landlord and Tenant Property Law Building Lease Jurisdiction of Fair Rents Board Prohibition Fair Rent Determination

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Parties

Belmore Property Company (Proprietary) Limited and another

Applicants

Allen and another

Respondents

Procedural Posture

Application for Special Leave to Appeal / Application for Special Leave to Appeal From the Supreme Court of New South Wales (full Court)

Legal Issues

  1. 1 Whether s. 41 of the Landlord and Tenant (Amendment) Act 1948-1949 precluded prohibition before a determination by a Fair Rents Board
  2. 2 Whether a building erected under a building lease is within the Act's operation
  3. 3 Whether the Fair Rents Board has jurisdiction to increase rent

Ratio Decidendi

Section 41 prohibits prohibition or certiorari only after a determination is made by the Fair Rents Board; prior to a determination, such proceedings may lie. However, since the building lease and the premises in question are within the operation of the Act, and the Board has jurisdiction to increase rent, there is no reason to grant special leave to appeal.

Court Disposition

application for special leave to appeal refused

Orders

  • Application for special leave to appeal refused.
  • Applicants to pay the costs of the respondents.