H A Warner Pty Ltd v Williams [1946] HCA 45

H A Warner Pty Ltd v Williams [1946] HCA 45

Where a servant is required to occupy premises belonging to his employer but subsequently pays a separate, non-remunerative sum for exclusive use, a tenancy may be created. The trial judge's finding that Williams was a tenant under the National Security (Landlord and Tenant) Regulations was not unreasonable and should not be disturbed.

Parties
Appellant: H. A. Warner Proprietary Limited; Respondent: Theodore Williams; Respondent: Geoff Forbes Sorell; Respondent: Hubert Mansell Brettingham-Moore
Jurisdiction
Australia
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Lease Vs. Employment Occupation, Fair Rents Board Jurisdiction, Declaratory Judgment, Master and Servant Relationships, National Security (landlord and Tenant) Regulations
Landlord and Tenant Employment Law Lease Vs. Employment Occupation Fair Rents Board Jurisdiction Declaratory Judgment Master and Servant Relationships National Security (landlord and Tenant) Regulations

Case Brief

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Parties

H. A. Warner Proprietary Limited

Appellant

Theodore Williams

Respondent

Geoff Forbes Sorell

Respondent

Hubert Mansell Brettingham-Moore

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether an employee required to occupy employer-owned premises is a tenant or a servant under the National Security (Landlord and Tenant) Regulations.
  2. 2 Whether the Fair Rents Board has jurisdiction to determine the fair rent for the cottage occupied by the employee.
  3. 3 Whether a declaratory judgment and injunction should be granted against Fair Rents Board proceedings.

Ratio Decidendi

Where a servant is required to occupy premises belonging to his employer but subsequently pays a separate, non-remunerative sum for exclusive use, a tenancy may be created. The trial judge's finding that Williams was a tenant under the National Security (Landlord and Tenant) Regulations was not unreasonable and should not be disturbed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.