Clarey v Principal and Council of Women's College [1953] HCA 58

Clarey v Principal and Council of Women's College [1953] HCA 58

Noise and disturbances arising from the ordinary and proper use of premises by student tenants—such as movement, talking, and bathing at late hours—do not constitute nuisance or annoyance within the meaning of s. 41(5)(d) of The Landlord and Tenant Acts 1948 to 1950 (Q.), where such use was in contemplation of the parties at the time of letting and there is no negligence or misuse.

Parties
Appellants: Alexander William Clarey and Clarice Leila Clarey; Respondents: Principal and Council of the Women's College within the University of Queensland
Jurisdiction
Australia
Judgment Date
11 September 1953
Procedural Posture
Appeal / Final Appellate Decision
Outcome
Appeal dismissed with costs.
Legal Topics
Recovery of Possession, Nuisance, Annoyance, Prescribed Premises, Ejectment, Objective Test for Nuisance
Landlord and Tenant Recovery of Possession Nuisance Annoyance Prescribed Premises Ejectment Objective Test for Nuisance

Case Brief

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Parties

Alexander William Clarey and Clarice Leila Clarey

Appellants

Principal and Council of the Women's College within the University of Queensland

Respondents

Procedural Posture

Appeal / Final Appellate Decision

Legal Issues

  1. 1 Whether the conduct of university students constituted a nuisance or annoyance to adjoining or neighbouring occupiers, within the meaning of s. 41(5)(d) of The Landlord and Tenant Acts 1948 to 1950 (Q.)
  2. 2 Whether the normal use of premises as accommodation for students could amount to grounds for recovery of possession under the Act

Ratio Decidendi

Noise and disturbances arising from the ordinary and proper use of premises by student tenants—such as movement, talking, and bathing at late hours—do not constitute nuisance or annoyance within the meaning of s. 41(5)(d) of The Landlord and Tenant Acts 1948 to 1950 (Q.), where such use was in contemplation of the parties at the time of letting and there is no negligence or misuse.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.