Wynyard Investments Pty Ltd v Commissioner for Railways (NSW) [1955] HCA 72

Wynyard Investments Pty Ltd v Commissioner for Railways (NSW) [1955] HCA 72

Section 4(2) of the Transport (Division of Functions) Act 1932-1952 (N.S.W.) establishes the Commissioner for Railways as a statutory body representing the Crown for the purposes of any Act. This means that for the purposes of the Landlord and Tenant (Amendment) Act 1948-1952 (N.S.W.), the Commissioner qualifies for inclusion in 'the Crown in right of the State' under s.5 and is therefore not bound by the Act. Accordingly, the Commissioner may recover possession of premises without complying with the restrictions of that Act.

Parties
Appellant/defendant: Wynyard Investments Pty. Ltd.; Respondent/informant: Commissioner for Railways (N.S.W.)
Jurisdiction
Australia
Procedural Posture
Appeal / On Appeal From the Supreme Court of New South Wales, Full Court; High Court Judgment
Outcome
Appeal dismissed; Supreme Court decision affirmed
Legal Topics
Landlord and Tenant, Statutory Body Immunity, Crown Privilege, Ejectment Proceedings
Administrative Law Property Law Statutory Interpretation Landlord and Tenant Statutory Body Immunity Crown Privilege Ejectment Proceedings

Case Brief

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Parties

Wynyard Investments Pty. Ltd.

Appellant/defendant

Commissioner for Railways (N.S.W.)

Respondent/informant

Procedural Posture

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

Legal Issues

  1. 1 Whether the Commissioner for Railways (N.S.W.) is immune from the provisions of the Landlord and Tenant (Amendment) Act 1948-1952 (N.S.W.)
  2. 2 Whether the Commissioner qualifies for inclusion in 'the Crown in right of the State' under s.5 of the Act
  3. 3 Interpretation of s.4(2) Transport (Division of Functions) Act 1932-1952 (N.S.W.)

Ratio Decidendi

Section 4(2) of the Transport (Division of Functions) Act 1932-1952 (N.S.W.) establishes the Commissioner for Railways as a statutory body representing the Crown for the purposes of any Act. This means that for the purposes of the Landlord and Tenant (Amendment) Act 1948-1952 (N.S.W.), the Commissioner qualifies for inclusion in 'the Crown in right of the State' under s.5 and is therefore not bound by the Act. Accordingly, the Commissioner may recover possession of premises without complying with the restrictions of that Act.

Court Disposition

Appeal dismissed; Supreme Court decision affirmed

Orders

  • Commissioner for Railways adjudged entitled to possession of the premises
  • Appeal dismissed with costs