Dever v Lawson [1950] HCA 58

Dever v Lawson [1950] HCA 58

Section 24 (2)(b) of the Agricultural Holdings Act, 1941 (NSW), as applied by s. 5, excludes the invalidation of the notice to quit in share-farming agreements where the party giving notice is a tenant themselves, and the recipient is a share-farmer. The notice was valid, and the appellant had no defence to the action.

Parties
Appellant: Dever; Respondent: Lawson
Jurisdiction
Australia
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Share Farming Agreements, Ejectment, Notices to Quit, Statutory Interpretation
Property Law Share Farming Agreements Ejectment Notices to Quit Statutory Interpretation

Case Brief

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Parties

Dever

Appellant

Lawson

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether s. 24 (1) of the Agricultural Holdings Act, 1941 (NSW) invalidated the notice to quit in the context of a share-farming agreement
  2. 2 How s. 24 (2)(b) and s. 5 apply to share-farming agreements and the interpretation of 'tenant' and 'sub-tenant' in this context

Ratio Decidendi

Section 24 (2)(b) of the Agricultural Holdings Act, 1941 (NSW), as applied by s. 5, excludes the invalidation of the notice to quit in share-farming agreements where the party giving notice is a tenant themselves, and the recipient is a share-farmer. The notice was valid, and the appellant had no defence to the action.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs