Attorney-General (NSW) v Hill and Halls Limited [1923] HCA 22

Attorney-General (NSW) v Hill and Halls Limited [1923] HCA 22

Priority between competing liens under the Liens on Crops and Wool and Stock Mortgages Act 1898 (N.S.W.) is determined by the date of execution of the agreement provided both are registered within thirty days, not by the date of registration. Section 12 of the Registration of Deeds Act 1897 (N.S.W.) does not apply to liens registered under the Liens Act.

Parties
Plaintiff/appellant: Attorney-General for New South Wales; Defendant/respondent: Hill & Halls Limited
Jurisdiction
Australia
Judgment Date
28 May 1923
Procedural Posture
Appeal / Appeal From Supreme Court of New South Wales, Judgment of Full Court
Outcome
appeal allowed, Supreme Court decision reversed
Legal Topics
Priority of Liens, Registration of Liens, Liens on Crops and Wool and Stock Mortgages Act, Statutory Interpretation
Property Law Commercial Law Priority of Liens Registration of Liens Liens on Crops and Wool and Stock Mortgages Act Statutory Interpretation

Case Brief

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Parties

Attorney-General for New South Wales

Plaintiff/appellant

Hill & Halls Limited

Defendant/respondent

Procedural Posture

Appeal / Appeal From Supreme Court of New South Wales, Judgment of Full Court

Legal Issues

  1. 1 Whether priority between competing liens on the same crop is determined by date of execution or date of registration under the Liens on Crops and Wool and Stock Mortgages Act 1898 (N.S.W.)
  2. 2 Whether liens on crops registered under sec. 4 of the Liens Act are affected by sec. 12 of the Registration of Deeds Act 1897 (N.S.W.)

Ratio Decidendi

Priority between competing liens under the Liens on Crops and Wool and Stock Mortgages Act 1898 (N.S.W.) is determined by the date of execution of the agreement provided both are registered within thirty days, not by the date of registration. Section 12 of the Registration of Deeds Act 1897 (N.S.W.) does not apply to liens registered under the Liens Act.

Court Disposition

appeal allowed, Supreme Court decision reversed

Orders

  • Judgment entered for the appellant for £156 18s. 7d., with interest at the rate of sixpence per day from 31st January 1922 to the date of judgment, with costs, including costs of the special case.
  • Appellant to pay respondent's costs of appeal as between solicitor and client.