Mathieson v Burton [1971] HCA 4

Mathieson v Burton [1971] HCA 4

A right acquired under s. 83A(1)(b) of the Landlord and Tenant (Amendment) Act, 1948-1952 NSW, upon the death of a lessee before the commencement of the 1968 amending Act was not affected by the 1968 amendment; the right to remain in possession continues under the law as it stood at the time the right accrued, since there is no clear intention for the amendment to operate retrospectively to extinguish such accrued rights.

Jurisdiction
Australia
Procedural Posture
Appeal / High Court of Australia Final Judgment/order
Outcome
Appeal dismissed with costs.
Legal Topics
['tenancy Succession Rights' 'statutory Amendment Effects' 'retrospective/prospective Legislation' 'accrued Rights Protection']
['landlord and Tenant' 'statutory Interpretation'] ['tenancy Succession Rights' 'statutory Amendment Effects' 'retrospective/prospective Legislation' 'accrued Rights Protection']

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Procedural Posture

Appeal / High Court of Australia Final Judgment/order

Legal Issues

  1. 1 ['Whether the 1968 amendment to s. 83A(1)(b) of the Landlord and Tenant (Amendment) Act, 1948-1952 NSW retrospectively removed the right to possession acquired by the respondent under the earlier form of the section.' "Whether the respondent's right to remain in possession, accrued on the death of her father in 1958, was preserved despite statutory amendment." 'Whether s. 8(b) of the Interpretation Act, 1897 NSW preserves the right acquired under the earlier statute where an amendment adds words rather than repealing a provision.']

Ratio Decidendi

A right acquired under s. 83A(1)(b) of the Landlord and Tenant (Amendment) Act, 1948-1952 NSW, upon the death of a lessee before the commencement of the 1968 amending Act was not affected by the 1968 amendment; the right to remain in possession continues under the law as it stood at the time the right accrued, since there is no clear intention for the amendment to operate retrospectively to extinguish such accrued rights.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']