Amad v Grant [1947] HCA 9

Amad v Grant [1947] HCA 9

For a monthly periodic tenancy, notice to quit must expire at the end of a period of the tenancy unless the agreement provides otherwise. National Security (Landlord and Tenant) Regulations do not override the common law requirement for effective notice under periodic tenancies. Both notices were invalid for not expiring at the end of the monthly period (Amad), or there was no proof the notice expired at the right time (Grosglik).

Parties
Appellant; Defendant: Wadee Haikel Amad; Appellant; Defendant: David Grosglik; Respondent; Complainant: Alfred George Alexander Grant
Jurisdiction
Australia
Procedural Posture
Appeals From Orders of Court of Petty Sessions of Victoria (summary Proceedings for Possession) / Appeal to High Court (orders to Review Magistrate's Decision)
Outcome
Appeals allowed
Legal Topics
Termination of Tenancy, Notice to Quit, Periodic Tenancy, Construction of Lease Agreements, Impact of Regulations on Common Law
Landlord and Tenant Termination of Tenancy Notice to Quit Periodic Tenancy Construction of Lease Agreements Impact of Regulations on Common Law

Case Brief

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Parties

Wadee Haikel Amad

Appellant; Defendant

David Grosglik

Appellant; Defendant

Alfred George Alexander Grant

Respondent; Complainant

Procedural Posture

Appeals From Orders of Court of Petty Sessions of Victoria (summary Proceedings for Possession) / Appeal to High Court (orders to Review Magistrate's Decision)

Legal Issues

  1. 1 Whether a notice to quit must expire at the end of a period of the tenancy for a periodic tenancy (monthly or otherwise).
  2. 2 Whether the tenancy in question was a periodic tenancy, and if so, its classification (monthly, yearly, indefinite).
  3. 3 Whether National Security (Landlord and Tenant) Regulations, reg. 62, validate a notice to quit otherwise invalid under common law.

Ratio Decidendi

For a monthly periodic tenancy, notice to quit must expire at the end of a period of the tenancy unless the agreement provides otherwise. National Security (Landlord and Tenant) Regulations do not override the common law requirement for effective notice under periodic tenancies. Both notices were invalid for not expiring at the end of the monthly period (Amad), or there was no proof the notice expired at the right time (Grosglik).

Court Disposition

Appeals allowed

Orders

  • Amad v. Grant: Appeal allowed. Order of Court of Petty Sessions set aside; complaint dismissed.
  • Grosglik v. Grant: Appeal allowed. Order of Court of Petty Sessions set aside; case remitted to the Court of Petty Sessions, Melbourne.