Solomon v New South Wales Sports Club Limited [1915] HCA 31

Solomon v New South Wales Sports Club Limited [1915] HCA 31

The words 'except land tax' in the lease covenant do not include the municipal rate assessed pursuant to section 4 of the Sydney Corporation (Amendment) Act 1908 (N.S.W.); accordingly, the lessees (and therefore their assignee, the defendant) were bound to pay the rate and to indemnify the assignors for payment.

Parties
Appellant; Defendant; Assignee Under Lease: Alfred M. Solomon; Respondent; Plaintiffs; Assignors Under Lease: The New South Wales Sports Club Ltd.
Jurisdiction
Australia
Judgment Date
22 April 1915
Procedural Posture
Appeal From Supreme Court of New South Wales (special Case Stated) / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Lease Covenants, Statutory Interpretation, Liability for Municipal Rates and Taxes, Construction of Exceptions in Leases
Property Law Contract Law Lease Covenants Statutory Interpretation Liability for Municipal Rates and Taxes Construction of Exceptions in Leases

Case Brief

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Parties

Alfred M. Solomon

Appellant; Defendant; Assignee Under Lease

The New South Wales Sports Club Ltd.

Respondent; Plaintiffs; Assignors Under Lease

Procedural Posture

Appeal From Supreme Court of New South Wales (special Case Stated) / Appeal Judgment

Legal Issues

  1. 1 Whether the words 'except land tax' in a lessee's covenant to pay all taxes, rates, etc., includes a municipal rate assessed upon the unimproved capital value of the land under Sydney Corporation (Amendment) Act 1908 (N.S.W.), sec. 4
  2. 2 Whether the assignee of a lease is bound to indemnify the assignor for payment of such a rate

Ratio Decidendi

The words 'except land tax' in the lease covenant do not include the municipal rate assessed pursuant to section 4 of the Sydney Corporation (Amendment) Act 1908 (N.S.W.); accordingly, the lessees (and therefore their assignee, the defendant) were bound to pay the rate and to indemnify the assignors for payment.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs