Bischof v Trotter [1948] HCA 4

A payment required as a condition of the grant of a lease, even if the transaction is not completed, satisfies the requirements of Regulation 33 and constitutes an offence.

Jurisdiction: Australia
Procedural Posture: Appeal / Decision on Appeal
Outcome: Appeal allowed
Legal Topics: ['illegal Premiums on Leases' 'interpretation of Regulations']

['tenancy' 'criminal Law'] ['illegal Premiums on Leases' 'interpretation of Regulations']

Case Brief

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Procedural Posture

Appeal / Decision on Appeal

Legal Issues

1 ['Whether requiring payment of a premium in consideration of a lease constitutes an offence under Regulation 33 of the Landlord and Tenant Regulations']

Ratio Decidendi

A payment required as a condition of the grant of a lease, even if the transaction is not completed, satisfies the requirements of Regulation 33 and constitutes an offence.

Court Disposition

Appeal allowed

Orders

['Decision of magistrate set aside' 'Case remitted to magistrate to fix penalty' 'Appellant awarded costs']