Anderson v Bowles [1951] HCA 61

Anderson v Bowles [1951] HCA 61

The tenant, Anderson, was liable in damages for failing to deliver up the whole of the demised premises; however, as he did not authorize or profit from the sub-tenant's occupation, he was not liable for mesne profits, but may be liable for rent or damages reflecting rental value for the period. Costs of legal proceedings could not be included in damages due to the statutory bar against recovery of costs in such landlord and tenant proceedings.

Parties
Appellant; Defendant: William Taylor Anderson; Respondent; Plaintiff: Margaret Julia Bowles
Jurisdiction
Australia
Judgment Date
22 October 1951
Procedural Posture
Civil / Appeal From the Supreme Court of Queensland; Demurrer to Statement of Claim
Outcome
Appeal allowed; order of Supreme Court discharged; demurrer allowed in respect of claim for costs; demurrer overruled as to claim for loss of mesne profits or rental for one year; parties to abide their own costs of demurrer and appeal.
Legal Topics
Subletting Without Consent, Recovery of Possession, Damages for Failure to Deliver Up Premises, Mesne Profits, Statutory Tenancy and Termination, Costs in Possession Proceedings
Landlord and Tenant Property Law Subletting Without Consent Recovery of Possession Damages for Failure to Deliver Up Premises Mesne Profits Statutory Tenancy and Termination Costs in Possession Proceedings

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Parties

William Taylor Anderson

Appellant; Defendant

Margaret Julia Bowles

Respondent; Plaintiff

Procedural Posture

Civil / Appeal From the Supreme Court of Queensland; Demurrer to Statement of Claim

Legal Issues

  1. 1 Is the former tenant liable for mesne profits or rent after the date the warrant for possession was fixed and executed, given a sub-tenant remains in possession without landlord's consent?
  2. 2 Can the landlord recover legal costs incurred in proceedings to regain possession in light of statutory bars to costs recovery?

Ratio Decidendi

The tenant, Anderson, was liable in damages for failing to deliver up the whole of the demised premises; however, as he did not authorize or profit from the sub-tenant's occupation, he was not liable for mesne profits, but may be liable for rent or damages reflecting rental value for the period. Costs of legal proceedings could not be included in damages due to the statutory bar against recovery of costs in such landlord and tenant proceedings.

Court Disposition

Appeal allowed; order of Supreme Court discharged; demurrer allowed in respect of claim for costs; demurrer overruled as to claim for loss of mesne profits or rental for one year; parties to abide their own costs of demurrer and appeal.

Orders

  • Demurrer allowed regarding plaintiff's claim for costs of the proceedings in particulars to par. 33 of statement of claim.
  • Demurrer overruled regarding cause of action for loss of mesne profits or rental for one year as described in particulars.