Naval Lodge Hotel Ltd v Commonwealth [1954] HCA 18

Naval Lodge Hotel Ltd v Commonwealth [1954] HCA 18

The statutory provision (s. 34a) applied. The phrase 'not less than £700' does not fix the rent in default of a Minister’s timely determination; it only qualifies the Minister’s power. Where determination and notice are late, the previous rent applies until the new rate is notified. The Minister's determination, though late, was valid and entitled to statutory effect.

Parties
Appellant / Plaintiff: Naval Lodge Hotel Limited; Respondent / Defendant: The Commonwealth
Jurisdiction
Australia
Judgment Date
23 April 1954
Procedural Posture
Appeal / On Appeal From the Supreme Court of the Australian Capital Territory
Outcome
appeal dismissed with costs
Legal Topics
Construction of Lease, Ministerial Determination of Rent, Statutory Operation on Lease Terms
Property Law Landlord and Tenant Construction of Lease Ministerial Determination of Rent Statutory Operation on Lease Terms

Case Brief

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Parties

Naval Lodge Hotel Limited

Appellant / Plaintiff

The Commonwealth

Respondent / Defendant

Procedural Posture

Appeal / On Appeal From the Supreme Court of the Australian Capital Territory

Legal Issues

  1. 1 Whether the words 'not less than £700 per annum' fixed the rent for the fourth period in default of Minister's determination
  2. 2 Whether s. 34a of the Leases Ordinance 1918-1937 applied to permit a late Ministerial determination of rent
  3. 3 Whether the Minister's power must be exercised prior to the period's commencement

Ratio Decidendi

The statutory provision (s. 34a) applied. The phrase 'not less than £700' does not fix the rent in default of a Minister’s timely determination; it only qualifies the Minister’s power. Where determination and notice are late, the previous rent applies until the new rate is notified. The Minister's determination, though late, was valid and entitled to statutory effect.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs