Rural Bank of NSW v Hayes [1951] HCA 58

Rural Bank of NSW v Hayes [1951] HCA 58

The Rural Bank of New South Wales is not the Crown for purposes of s. 5 of the Landlord and Tenant (Amendment) Act 1948-1949 (NSW); s. 19 of the Government Savings Bank Amendment Act, 1913-1945 (NSW) is confined in its operation to property or moneys vested under the relevant Acts and does not extend a general Crown immunity to the Bank or its property acquired otherwise. Therefore, the provisions of the Landlord and Tenant (Amendment) Act, including the requirement as to notice and the exclusive jurisdiction of courts of petty sessions, apply to the Bank as lessor.

Parties
Appellant/claimant: Rural Bank of New South Wales; Respondent/defendant: John Samuel Rayen Hayes; Respondent/defendant: McEvoy
Jurisdiction
Australia
Judgment Date
16 October 1951
Procedural Posture
Appeal / On Appeal From the Supreme Court of New South Wales, Full Court
Outcome
Appeals dismissed with costs.
Legal Topics
Crown Immunity From Statutes, Statutory Corporations and Crown Status, Termination of Tenancies, Application of Landlord and Tenant (amendment) Act to Statutory Bodies
Landlord and Tenant Law Statutory Construction Banking Law Crown Immunity From Statutes Statutory Corporations and Crown Status Termination of Tenancies Application of Landlord and Tenant (amendment) Act to Statutory Bodies

Case Brief

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Parties

Rural Bank of New South Wales

Appellant/claimant

John Samuel Rayen Hayes

Respondent/defendant

McEvoy

Respondent/defendant

Procedural Posture

Appeal / On Appeal From the Supreme Court of New South Wales, Full Court

Legal Issues

  1. 1 Whether the Rural Bank of New South Wales, as a statutory corporation, enjoys Crown immunity from the Landlord and Tenant (Amendment) Act 1948-1949 (NSW)
  2. 2 Whether section 19 of the Government Savings Bank Amendment Act 1913-1945 (NSW) vests all property of the Bank as property of the Crown, thereby exempting it from the Act
  3. 3 Whether the notice to quit served on the tenants complied with statutory requirements

Ratio Decidendi

The Rural Bank of New South Wales is not the Crown for purposes of s. 5 of the Landlord and Tenant (Amendment) Act 1948-1949 (NSW); s. 19 of the Government Savings Bank Amendment Act, 1913-1945 (NSW) is confined in its operation to property or moneys vested under the relevant Acts and does not extend a general Crown immunity to the Bank or its property acquired otherwise. Therefore, the provisions of the Landlord and Tenant (Amendment) Act, including the requirement as to notice and the exclusive jurisdiction of courts of petty sessions, apply to the Bank as lessor.

Court Disposition

Appeals dismissed with costs.

Orders

  • The appeals are dismissed.
  • Appellant to pay the respondents’ costs.