Owen v Woolworths Properties Ltd [1956] HCA 67

Owen v Woolworths Properties Ltd [1956] HCA 67

The Supreme Court erred in setting aside the stipendiary magistrate’s fair rent determination on a ground not proper for the tenant-appellant to raise and one not clearly stated as a question of law. The tenant was not entitled to complain of the method of assessment adopted by the board under the Landlord and Tenant (Amendment) Act, and thus the order of the Supreme Court must be discharged.

Jurisdiction
Australia
Procedural Posture
Appeal (by Way of Case Stated) / High Court Applications for Leave to Appeal From Interlocutory Order of Supreme Court of New South Wales
Outcome
Appeal allowed. Supreme Court order discharged. Leave to appeal refused to Nancy Owen; granted to Woolworths Properties Ltd. Costs awarded against Nancy Owen.
Legal Topics
['fair Rent Determination' 'appeals by Way of Case Stated' 'landlord and Tenant (amendment) Act Interpretation' 'valuation Methods' 'jurisdiction on Points of Law']
['landlord and Tenant' 'administrative Law'] ['fair Rent Determination' 'appeals by Way of Case Stated' 'landlord and Tenant (amendment) Act Interpretation' 'valuation Methods' 'jurisdiction on Points of Law']

Case Brief

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Procedural Posture

Appeal (by Way of Case Stated) / High Court Applications for Leave to Appeal From Interlocutory Order of Supreme Court of New South Wales

Legal Issues

  1. 1 ['Whether the fair rents board erred in its method of determining fair rent' 'Whether capital value under s. 21 (1) (a) should refer to building only or land and building' 'Whether cessation of federal land tax is relevant to fair rent calculation' 'Whether a lease covenant for periodic rental increases should have affected the fair rent determination' "Whether Supreme Court properly set aside the board's determination for error of law not raised by the appellant"]

Ratio Decidendi

The Supreme Court erred in setting aside the stipendiary magistrate’s fair rent determination on a ground not proper for the tenant-appellant to raise and one not clearly stated as a question of law. The tenant was not entitled to complain of the method of assessment adopted by the board under the Landlord and Tenant (Amendment) Act, and thus the order of the Supreme Court must be discharged.

Court Disposition

Appeal allowed. Supreme Court order discharged. Leave to appeal refused to Nancy Owen; granted to Woolworths Properties Ltd. Costs awarded against Nancy Owen.

Orders

  • ['Application by Nancy Owen for leave to appeal refused.' 'Application by Woolworths Properties Ltd. for leave to appeal granted.' 'Hearing of application treated as hearing of appeal by consent.' 'Appeal allowed.' 'Order of the Supreme Court discharged.' 'In lieu thereof: the question in the case stated answered...