Sydney Harbour Trust Commissioners v Harriott [1923] HCA 14

Sydney Harbour Trust Commissioners v Harriott [1923] HCA 14

A wharf remains 'vested' in the Sydney Harbour Trust Commissioners, for the purposes of imposing statutory berthing charges, even while subject to a lease, provided no lessee rights are infringed. Imposing berthing charges on unrelated third parties does not 'affect' the lease within the statutory meaning.

Source-derived case information.

Parties
Appellant: Sydney Harbour Trust Commissioners; Respondent: Harriott
Jurisdiction
Australia
Judgment Date
03 May 1923
Procedural Posture
Appeal / On Appeal From the Supreme Court of New South Wales; Judgment of Full High Court
Outcome
Appeal allowed. Question answered in the affirmative.
Legal Topics
Meaning of 'vested' in Statutory Context, Liability for Berthing Charges, Construction of Public Authority Powers, Effect of Leases on Statutory Rights
Property Law Statutory Interpretation Administrative Law Meaning of 'vested' in Statutory Context Liability for Berthing Charges Construction of Public Authority Powers Effect of Leases on Statutory Rights

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Parties

Sydney Harbour Trust Commissioners

Appellant

Harriott

Respondent

Procedural Posture

Appeal / On Appeal From the Supreme Court of New South Wales; Judgment of Full High Court

Legal Issues

  1. 1 Whether a wharf leased by the Sydney Harbour Trust Commissioners remains 'vested' in them for the purposes of levying berthing charges under the Sydney Harbour Rates Act 1904 (N.S.W.), sec. 6.
  2. 2 Whether the imposition of berthing charges on a vessel at a leased wharf 'affects' the lease or agreement for lease within the meaning of sec. 6(3) of the same Act.

Ratio Decidendi

A wharf remains 'vested' in the Sydney Harbour Trust Commissioners, for the purposes of imposing statutory berthing charges, even while subject to a lease, provided no lessee rights are infringed. Imposing berthing charges on unrelated third parties does not 'affect' the lease within the statutory meaning.

Court Disposition

Appeal allowed. Question answered in the affirmative.

Orders

  • Judgment entered for the plaintiffs (Sydney Harbour Trust Commissioners) for £57 7s. 6d. and costs of action.
  • Appellants to pay costs of the appeal.