CEEDIVE PTY LTD v MAY, TIMMS, McFADDEN & MUDWAY [2005] NSWSC 222

CEEDIVE PTY LTD v MAY, TIMMS, McFADDEN & MUDWAY [2005] NSWSC 222

The defendants were tenants of weekly ground leases terminable on a week's notice; the houses were not fixtures passing with the land but separately owned by defendants with lessor's assent; the plaintiff acquired indefeasible title to the land subject only to the short-term leases of which it had notice; none of the defendants established a right to protected tenancy under the Landlord and Tenant (Amendment) Act 1948 given the statutory requirements and facts; the special condition in the contract of sale did not confer enforceable tenancy or proprietary rights beyond acknowledgment of dwelling ownership; the plaintiff lawfully terminated the tenancies for non-payment and was entitled to...

Parties
Plaintiff: CEEDIVE Pty Ltd; Defendant: Allen Thomas May; Defendant: Donald Francis Timms; Defendant: Phillip James McFadden; Defendant: Gordon Mudway
Jurisdiction
Australia
Judgment Date
18 March 2005
Procedural Posture
Civil / Judgment After Trial
Outcome
Judgment for the plaintiff; defendants' cross-claims dismissed.
Legal Topics
Possession of Land, Nature of Tenancies, Ground Leases, Indefeasibility of Title, Fixtures, Protected Tenancies, Relief Against Forfeiture, Contracts Review Act
Property Law Landlord and Tenant Contracts Possession of Land Nature of Tenancies Ground Leases Indefeasibility of Title Fixtures +3 more

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Parties

CEEDIVE Pty Ltd

Plaintiff

Allen Thomas May

Defendant

Donald Francis Timms

Defendant

Phillip James McFadden

Defendant

Gordon Mudway

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the defendants had protected tenancies under Landlord and Tenant (Amendment) Act 1948
  2. 2 Whether the ground leases were weekly tenancies terminable by notice
  3. 3 Whether the houses were fixtures or separately owned chattels

Ratio Decidendi

The defendants were tenants of weekly ground leases terminable on a week's notice; the houses were not fixtures passing with the land but separately owned by defendants with lessor's assent; the plaintiff acquired indefeasible title to the land subject only to the short-term leases of which it had notice; none of the defendants established a right to protected tenancy under the Landlord and Tenant (Amendment) Act 1948 given the statutory requirements and facts; the special condition in the contract of sale did not confer enforceable tenancy or proprietary rights beyond acknowledgment of dwelling ownership; the plaintiff lawfully terminated the tenancies for non-payment and was entitled to...

Court Disposition

Judgment for the plaintiff; defendants' cross-claims dismissed.

Orders

  • Plaintiff to bring in Short Minutes of Orders in each action conformable with reasons, including: entry of judgment for possession; issue of writ of possession; entry of judgment for arrears of rent; enquiry as to or judgment for quantified mesne profits; costs (including any special order re late affidavit); and...
  • Order the return of the exhibits.