Perpetual Trustee Co Ltd v Morley [1968] HCA 83

Perpetual Trustee Co Ltd v Morley [1968] HCA 83

The lease, although referring to a term of two years computed from 1st February 1945, was executed on 24th August 1945 and therefore expressed, properly construed, a tenancy for the unexpired fixed period ending 1st February 1947, which was less than two years. Section 22 required the lease to take effect as if a term of two years were substituted, and by s. 23(5) s. 23 applied. The notice to quit did not satisfy s. 23 and the appeal therefore failed.

Jurisdiction
Australia
Procedural Posture
Appeal / High Court Appeal From a Decision of the Supreme Court of New South Wales Upholding an Appeal by Stated Case
Outcome
Appeal dismissed with costs.
Legal Topics
['agricultural Holdings' 'lease Terms' 'notice to Quit' 'holding Over' 'construction of S. 22 and S. 23 of the Agricultural Holdings Act, 1941 N.s.w.']
['property Law' 'landlord and Tenant' 'statutory Interpretation'] ['agricultural Holdings' 'lease Terms' 'notice to Quit' 'holding Over' 'construction of S. 22 and S. 23 of the Agricultural Holdings Act, 1941 N.s.w.']

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Procedural Posture

Appeal / High Court Appeal From a Decision of the Supreme Court of New South Wales Upholding an Appeal by Stated Case

Legal Issues

  1. 1 ['Whether the lease made on 24th August 1945 was expressed to be for a fixed term of less than two years within s. 22 of the Agricultural Holdings Act, 1941 N.S.W.' 'Whether s. 23 of the Agricultural Holdings Act, 1941 N.S.W. applied so as to invalidate the notice to quit expiring on 1st February 1965.']

Ratio Decidendi

The lease, although referring to a term of two years computed from 1st February 1945, was executed on 24th August 1945 and therefore expressed, properly construed, a tenancy for the unexpired fixed period ending 1st February 1947, which was less than two years. Section 22 required the lease to take effect as if a term of two years were substituted, and by s. 23(5) s. 23 applied. The notice to quit did not satisfy s. 23 and the appeal therefore failed.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']