Addison v Cain [1932] HCA 17

Addison v Cain [1932] HCA 17

Section 69 of the Liquor Acts 1912-1926 (Q.) applies to and invalidates, absent Licensing Court consent, any security or charge given by a licensed victualler over the freehold estate of licensed premises. The protection of licensees under the section is not limited to leasehold or chattel interests, and the ejusdem generis rule does not restrict the term 'other property' to lesser interests than freehold. The mortgages in question are void insofar as they purport to charge the freehold owned by the licensee without court consent.

Parties
Plaintiffs: George Frederick Addison and Herbert Stanley MacDonald; Defendant: Annie Teresa Cain; Defendant: City Mutual Life Assurance Society Ltd.
Jurisdiction
Australia
Procedural Posture
Appeal / On Appeal From the Supreme Court of Queensland
Outcome
Appeal allowed
Legal Topics
Mortgages Over Licensed Premises, Interpretation of Statutory Language, Application of the Ejusdem Generis Rule, Powers of Licensing Court
Property Law Liquor Licensing Law Mortgages Over Licensed Premises Interpretation of Statutory Language Application of the Ejusdem Generis Rule Powers of Licensing Court

Case Brief

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Parties

George Frederick Addison and Herbert Stanley MacDonald

Plaintiffs

Annie Teresa Cain

Defendant

City Mutual Life Assurance Society Ltd.

Defendant

Procedural Posture

Appeal / On Appeal From the Supreme Court of Queensland

Legal Issues

  1. 1 Whether 'interest, or other property' in section 69 of the Liquor Acts 1912-1926 (Q.) includes a freehold estate owned by a licensee
  2. 2 Whether mortgages over freehold land owned by a licensed victualler are void without Licensing Court consent

Ratio Decidendi

Section 69 of the Liquor Acts 1912-1926 (Q.) applies to and invalidates, absent Licensing Court consent, any security or charge given by a licensed victualler over the freehold estate of licensed premises. The protection of licensees under the section is not limited to leasehold or chattel interests, and the ejusdem generis rule does not restrict the term 'other property' to lesser interests than freehold. The mortgages in question are void insofar as they purport to charge the freehold owned by the licensee without court consent.

Court Disposition

Appeal allowed

Orders

  • Order of the Supreme Court set aside.
  • Declaration that the bills of mortgage are, insofar as they purport to give security over the freehold in or in connection with the licensed premises, contrary to the Liquor Act 1912 (Q.), and unlawful and invalid.