KRINGAS & ANOTHER V. TERRILL & OTHERS

KRINGAS & ANOTHER V. TERRILL & OTHERS

The payment and receipt of rent by the Commonwealth's agents established all the elements of a tenancy by estoppel and/or satisfied the requirements for the statutory presumption of tenancy under Section 22A of the Landlord and Tenant Act 1899 (NSW); consequently, the appeal must be dismissed.

Parties
Appellant: Kringas and Another; Respondent: Terrill and Others; Respondent: The Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
29 November 1946
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Tenancy by Estoppel, Compulsory Acquisition, Statutory Presumptions Under Landlord and Tenant Act
Property Law Landlord and Tenant Tenancy by Estoppel Compulsory Acquisition Statutory Presumptions Under Landlord and Tenant Act

Case Brief

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Parties

Kringas and Another

Appellant

Terrill and Others

Respondent

The Commonwealth of Australia

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the relationship between the occupants and the Commonwealth amounted to a tenancy by estoppel
  2. 2 Whether Section 22A of the Landlord and Tenant Act established a statutory presumption of tenancy
  3. 3 Whether the Commonwealth, after compulsory acquisition, could become a landlord under the Landlord and Tenant Act

Ratio Decidendi

The payment and receipt of rent by the Commonwealth's agents established all the elements of a tenancy by estoppel and/or satisfied the requirements for the statutory presumption of tenancy under Section 22A of the Landlord and Tenant Act 1899 (NSW); consequently, the appeal must be dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.