Flannagan v Milne [1919] HCA 49

Flannagan v Milne [1919] HCA 49

The notice given by the lessee Flannagan was sufficient for the purposes of sec. 72 as it substantially fulfilled the requirements by referencing the relevant statutory provisions, and any defect in the notice was in any case waived by the conduct of the lessor Milne, who acted on the notice and did not object in time.

Source-derived case information.

Parties
Appellant: John Henry Flannagan; Respondent: George Milne
Jurisdiction
Australia
Judgment Date
03 October 1919
Procedural Posture
Appeal / On Appeal From the Supreme Court of South Australia
Outcome
Appeal allowed; order of Supreme Court of South Australia discharged; order of Stipendiary Magistrate restored; respondent to pay costs here and below.
Legal Topics
Adjustment of Rent, Statutory Notice Requirements, Waiver of Statutory Rights
Landlord and Tenant Licensing Law Adjustment of Rent Statutory Notice Requirements Waiver of Statutory Rights

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

John Henry Flannagan

Appellant

George Milne

Respondent

Procedural Posture

Appeal / On Appeal From the Supreme Court of South Australia

Legal Issues

  1. 1 Whether the notice issued by the lessee Flannagan on 23 May 1916 complied with sec. 72 of the Licensing Acts Further Amendment Act (No. 2) 1915 (SA)
  2. 2 Whether any deficit in the notice was waived by the lessor Milne

Ratio Decidendi

The notice given by the lessee Flannagan was sufficient for the purposes of sec. 72 as it substantially fulfilled the requirements by referencing the relevant statutory provisions, and any defect in the notice was in any case waived by the conduct of the lessor Milne, who acted on the notice and did not object in time.

Court Disposition

Appeal allowed; order of Supreme Court of South Australia discharged; order of Stipendiary Magistrate restored; respondent to pay costs here and below.

Orders

  • Order of Supreme Court of South Australia discharged
  • Order of Stipendiary Magistrate restored