Cohen v Lapin [1924] HCA 53

Cohen v Lapin [1924] HCA 53

The respondent was entitled to re-enter under the lease upon the applicant's single conviction of an offence under the relevant statute. The prior judgment in ejectment did not estop the respondent from relying upon the conviction as ground for re-entry in a subsequent action as the specific grounds relied upon and periods claimed differed in their legal basis and substance. The appeal was therefore dismissed.

Parties
Appellant: Edward Samuel Cohen; Respondent: Mark Lapin
Jurisdiction
Australia
Judgment Date
15 December 1924
Procedural Posture
Appeal / High Court Appeal From Decision of Supreme Court of New South Wales (full Court)
Outcome
Appeal dismissed with costs.
Legal Topics
Ejectment, Construction of Lease, Estoppel, Effect of Prior Judgment, Right of Re Entry Upon Conviction Under Statute
Landlord and Tenant Property Law Ejectment Construction of Lease Estoppel Effect of Prior Judgment Right of Re Entry Upon Conviction Under Statute

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Parties

Edward Samuel Cohen

Appellant

Mark Lapin

Respondent

Procedural Posture

Appeal / High Court Appeal From Decision of Supreme Court of New South Wales (full Court)

Legal Issues

  1. 1 Whether a single conviction under the Liquor Act 1912 (N.S.W.) entitles the lessor to re-enter under the lease
  2. 2 Whether a prior unsuccessful action for ejectment estops the lessor from bringing a subsequent action based on new grounds arising from the same or overlapping period

Ratio Decidendi

The respondent was entitled to re-enter under the lease upon the applicant's single conviction of an offence under the relevant statute. The prior judgment in ejectment did not estop the respondent from relying upon the conviction as ground for re-entry in a subsequent action as the specific grounds relied upon and periods claimed differed in their legal basis and substance. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Judgment of Supreme Court of New South Wales (Full Court) affirmed.
  • Appellant to pay the costs of the appeal.