Owen v Woolworths Properties Ltd [1956] HCA 67

Owen v Woolworths Properties Ltd [1956] HCA 67

(1) ‘Capital value of the premises’ for s. 21(1)(a) purposes includes both land and buildings; (2) Land tax may be considered by the Fair Rents Board as an outgoing; (3) Sections 20(3) and (4) of the Act relate only to dwelling houses, not commercial premises; (4) The Supreme Court erred in entertaining a ground not properly raised before the magistrate or in the stated case, particularly where there was no real prospect of a different result on reconsideration.

Parties
Applicant Tenant, Appellant, Respondent: Nancy Owen; Respondent Landlord, Respondent, Applicant: Woolworths Properties Limited
Jurisdiction
Australia
Judgment Date
19 October 1956
Procedural Posture
Appeal (cross Applications for Special Leave to Appeal and Substantive Appeals) / High Court of Australia Appeal From the Supreme Court of New South Wales
Outcome
Tenant's application for leave to appeal refused; landlord's application for leave to appeal granted; landlord's appeal allowed; order of the Supreme Court discharged; determination stands with no error entitling the tenant to complain; costs awarded against tenant.
Legal Topics
Fair Rent Determination, Commercial Leases, Land Tax Consideration, Statutory Construction of Landlord and Tenant (amendment) Act (nsw), Procedure—case Stated Appeal, Applicability of Statutory Provisions to Non Dwelling Premises
Landlord and Tenant Property Law Fair Rent Determination Commercial Leases Land Tax Consideration Statutory Construction of Landlord and Tenant (amendment) Act (nsw) Procedure—case Stated Appeal Applicability of Statutory Provisions to Non Dwelling Premises

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2
Sign in to unlock

Parties

Nancy Owen

Applicant Tenant, Appellant, Respondent

Woolworths Properties Limited

Respondent Landlord, Respondent, Applicant

Procedural Posture

Appeal (cross Applications for Special Leave to Appeal and Substantive Appeals) / High Court of Australia Appeal From the Supreme Court of New South Wales

Legal Issues

  1. 1 Whether the Fair Rents Board, in determining fair rent for commercial premises, should consider land tax as an outgoing under s. 21(1) of the Landlord and Tenant (Amendment) Act 1948-1954 (NSW);
  2. 2 Whether the capital value referenced in s. 21(1)(a) of the Act refers to both land and buildings, or the building alone;
  3. 3 Whether provisions in s. 20(3), (4) of the Act (relating to fair rent increases) apply to commercial premises as well as dwelling houses;

Ratio Decidendi

(1) ‘Capital value of the premises’ for s. 21(1)(a) purposes includes both land and buildings; (2) Land tax may be considered by the Fair Rents Board as an outgoing; (3) Sections 20(3) and (4) of the Act relate only to dwelling houses, not commercial premises; (4) The Supreme Court erred in entertaining a ground not properly raised before the magistrate or in the stated case, particularly where there was no real prospect of a different result on reconsideration.

Court Disposition

Tenant's application for leave to appeal refused; landlord's application for leave to appeal granted; landlord's appeal allowed; order of the Supreme Court discharged; determination stands with no error entitling the tenant to complain; costs awarded against tenant.

Orders

  • Application by Nancy Owen for leave to appeal refused.
  • Application by Woolworths Properties Limited for leave to appeal granted and treated as appeal.