Crooks National Stores Pty Ltd v Collie [1957] HCA 80

Crooks National Stores Pty Ltd v Collie [1957] HCA 80

'Beneficiary' in s. 37(5)(i) of the Landlord and Tenant Act 1948-1955 (Vic.) is not to be restricted to those entitled to possession under the trust; it includes any beneficiary for whom the premises are reasonably required for personal occupation. The word 'required' means 'needed' rather than 'demanded' or 'claimed,' and 'trustee' encompasses executors holding property subject to trusts of a will. The notice to quit was effective.

Parties
Appellant: Crooks National Stores Pty Limited; Respondents: Stuart Henry Collie and John Wallace Ball
Jurisdiction
Australia
Procedural Posture
Appeal / High Court Appeal From the Full Court of the Supreme Court of Victoria Affirming an Order for Ejectment Made by a Magistrate
Outcome
Appeal dismissed
Legal Topics
Prescribed Premises, Recovery of Possession, Interpretation of 'beneficiary' and 'reasonably Required' Under Statute
Landlord and Tenant Trusts and Estates Prescribed Premises Recovery of Possession Interpretation of 'beneficiary' and 'reasonably Required' Under Statute

Case Brief

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Parties

Crooks National Stores Pty Limited

Appellant

Stuart Henry Collie and John Wallace Ball

Respondents

Procedural Posture

Appeal / High Court Appeal From the Full Court of the Supreme Court of Victoria Affirming an Order for Ejectment Made by a Magistrate

Legal Issues

  1. 1 Whether 'beneficiary' in s. 37(5)(i) of the Landlord and Tenant Act 1948-1955 (Vic.) is limited to a beneficiary entitled to possession under the trust or includes any beneficiary
  2. 2 Meaning of 'required' in s. 37(5)(i) – whether it means 'needed' or 'demanded' or 'claimed'
  3. 3 Whether 'trustee' in s. 37(5)(i) includes an executor in whom property is vested under the will

Ratio Decidendi

'Beneficiary' in s. 37(5)(i) of the Landlord and Tenant Act 1948-1955 (Vic.) is not to be restricted to those entitled to possession under the trust; it includes any beneficiary for whom the premises are reasonably required for personal occupation. The word 'required' means 'needed' rather than 'demanded' or 'claimed,' and 'trustee' encompasses executors holding property subject to trusts of a will. The notice to quit was effective.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs