The Commonwealth v Rhind [1966] HCA 83

The Commonwealth v Rhind [1966] HCA 83

The High Court held that the cause was properly before it after removal under s. 40A of the Judiciary Act and that it could determine the Commonwealth's entitlement to relief. Section 2A of the Landlord and Tenant Act did not defeat the Commonwealth's claim in this Court, and in the majority reasoning did not apply to the Crown in right of the Commonwealth. Section 60 of the Lands Acquisition Act was permissive, so the notice to quit signed by the Chief Property Officer pursuant to the Minister's authority was effective to terminate the tenancy. The Commonwealth was therefore entitled to possession of the land.

Jurisdiction
Australia
Procedural Posture
Action of Ejectment for Recovery of Possession of Land / Cause Removed Into the High Court From Proceedings in the Supreme Court of New South Wales After an Inter Se Constitutional Question Arose Under S. 40 a of the Judiciary Act
Outcome
Judgment in ejectment for the Commonwealth; the Commonwealth declared entitled to possession and ordered to recover possession; defendant ordered to pay costs.
Legal Topics
['removal of Causes to the High Court' 'invested Federal Jurisdiction of State Courts' 'notice to Quit' 'crown Bound by Statute' 'recovery of Possession of Commonwealth Land' 'effect of S. 2 a of the Landlord and Tenant Act, 1899 1965 Nsw' 'construction of Ss. 60 and 61 of the Lands Acquisition Act 1955 1957 Cth']
['constitutional Law' 'federal Jurisdiction' 'property Law' 'landlord and Tenant'] ['removal of Causes to the High Court' 'invested Federal Jurisdiction of State Courts' 'notice to Quit' 'crown Bound by Statute' 'recovery of Possession of Commonwealth Land' 'effect of S. 2 a of the Landlord and Tenant Act, 1899 1965 Nsw' 'construction of Ss. 60 and 61 of the Lands Acquisition Act 1955 1957 Cth']

Case Brief

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Procedural Posture

Action of Ejectment for Recovery of Possession of Land / Cause Removed Into the High Court From Proceedings in the Supreme Court of New South Wales After an Inter Se Constitutional Question Arose Under S. 40 a of the Judiciary Act

Legal Issues

  1. 1 ['Whether the cause removed under s. 40A of the Judiciary Act was the ejectment action or only the appeal in the Supreme Court proceedings.' 'Whether s. 2A of the Landlord and Tenant Act, 1899-1965 NSW barred or limited proceedings by the Commonwealth for ejectment.' 'Whether s. 2A applied to the Crown in right of the Commonwealth or was invalid if it purported to deny the Commonwealth access to a court exercising federal jurisdiction.' 'Whether the notice to quit was invalid because it was not signed by the Attorney-General under s. 60 of the Lands Acquisition Act 1955-1957 Cth.' 'Whether s. 61 of the Lands Acquisition Act created a juristic entity distinct from the Commonwealth of Australia established by the Constitution.']

Ratio Decidendi

The High Court held that the cause was properly before it after removal under s. 40A of the Judiciary Act and that it could determine the Commonwealth's entitlement to relief. Section 2A of the Landlord and Tenant Act did not defeat the Commonwealth's claim in this Court, and in the majority reasoning did not apply to the Crown in right of the Commonwealth. Section 60 of the Lands Acquisition Act was permissive, so the notice to quit signed by the Chief Property Officer pursuant to the Minister's authority was effective to terminate the tenancy. The Commonwealth was therefore entitled to possession of the land.

Court Disposition

Judgment in ejectment for the Commonwealth; the Commonwealth declared entitled to possession and ordered to recover possession; defendant ordered to pay costs.

Orders

  • ['Declare that since the third day of March 1965 the Commonwealth of Australia has been entitled to the possession of all that piece of land known as No. 107 Woolwich Road, Woolwich, in the State of New South Wales.' 'Order that the Commonwealth of Australia recover possession of the said land.' 'Order that the...