ALCUNE PTY LTD v TRI-ANTA PTY LTD [1994] NSWCA 3

ALCUNE PTY LTD v TRI-ANTA PTY LTD [1994] NSWCA 3

Compliance with the notice to quit did not amount to a 'subdivision' within the meaning of the Local Government Act 1919, as such yielding up of possession is not an action or transaction falling within the statutory definition. The letter to council by Alcune did not amount to a clear and unambiguous denial of Tri-Anta's title and even if it had, Tri-Anta's subsequent acceptance of rent constituted a waiver of any right to forfeit the lease.

Parties
Appellant/cross Respondent: Alcune Pty Ltd; Respondent/cross Appellant: Tri-Anta Pty Ltd
Jurisdiction
Australia
Judgment Date
10 August 1994
Procedural Posture
Appeal and Cross Appeal / Judgment on Appeal and Cross Appeal
Outcome
Both the Appeal and Cross-Appeal dismissed. No order as to costs.
Legal Topics
Subdivision of Land, Leasehold Rights, Forfeiture and Denial of Title, Interpretation of Statutory Definitions, Council Consents for Land Transactions
Property Law Landlord and Tenant Local Government Law Subdivision of Land Leasehold Rights Forfeiture and Denial of Title Interpretation of Statutory Definitions Council Consents for Land Transactions

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Parties

Alcune Pty Ltd

Appellant/cross Respondent

Tri-Anta Pty Ltd

Respondent/cross Appellant

Procedural Posture

Appeal and Cross Appeal / Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether compliance with a notice to quit under a lease would constitute a 'subdivision' under Local Government Act 1919, requiring council approval
  2. 2 Whether letter to council by the lessee constituted a denial of the lessor's title, giving the lessor a right to forfeit the lease and re-enter
  3. 3 Whether acceptance of rent by the lessor after alleged denial of title constituted waiver of right to forfeit

Ratio Decidendi

Compliance with the notice to quit did not amount to a 'subdivision' within the meaning of the Local Government Act 1919, as such yielding up of possession is not an action or transaction falling within the statutory definition. The letter to council by Alcune did not amount to a clear and unambiguous denial of Tri-Anta's title and even if it had, Tri-Anta's subsequent acceptance of rent constituted a waiver of any right to forfeit the lease.

Court Disposition

Both the Appeal and Cross-Appeal dismissed. No order as to costs.

Orders

  • Order that the Appeal be dismissed.
  • Order that the Cross-Appeal be dismissed.