Bischof v Trotter [1948] HCA 4

Bischof v Trotter [1948] HCA 4

Regulation 33(1) is contravened when a person requires or offers a sum of money other than rent as a condition for the grant of a lease, even if the transaction is not completed and no lease is actually granted.

Parties
Appellant; Complainant: Herbert Carl Bischof; Respondent; Defendant: Mardon John Trotter
Jurisdiction
Australia
Procedural Posture
Appeal / High Court Appeal From Magistrate's Decision
Outcome
Appeal allowed. Decision of magistrate set aside. Case remitted to magistrate to fix penalty.
Legal Topics
Requirement of Premium on Lease, National Security (landlord and Tenant) Regulations, Negotiations for Grant of Lease
National Security Landlord and Tenant Requirement of Premium on Lease National Security (landlord and Tenant) Regulations Negotiations for Grant of Lease

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Parties

Herbert Carl Bischof

Appellant; Complainant

Mardon John Trotter

Respondent; Defendant

Procedural Posture

Appeal / High Court Appeal From Magistrate's Decision

Legal Issues

  1. 1 Does regulation 33(1) of the National Security (Landlord and Tenant) Regulations apply to proposed or uncompleted transactions?
  2. 2 Is the offence under reg. 33(1) complete upon the requirement or offer of a sum of money other than rent, or only when a lease is actually granted?

Ratio Decidendi

Regulation 33(1) is contravened when a person requires or offers a sum of money other than rent as a condition for the grant of a lease, even if the transaction is not completed and no lease is actually granted.

Court Disposition

Appeal allowed. Decision of magistrate set aside. Case remitted to magistrate to fix penalty.

Orders

  • Appeal allowed with costs.
  • Decision of magistrate set aside.