R v Drage [1918] HCA 65

R v Drage [1918] HCA 65

On a proper construction of the relevant Acts and in view of the facts, the Government did not acquire the property in the wheat or any equitable charge over it because the advances were not properly authorized in respect of the relevant land, so the lessor's sale of the wheat was not precluded by a Government charge.

Parties
Appellant: The Crown; Respondent: Drage
Jurisdiction
Australia
Judgment Date
17 October 1918
Procedural Posture
Appeal / High Court of Australia on Appeal From the Supreme Court of Western Australia
Outcome
Appeal allowed; judgment varied by agreement; appellant to pay respondent's costs of appeal.
Legal Topics
Charge Over Crops, Statutory Advances, Priority of Charges, Distress and Sale of Crops
Property Law Statutory Interpretation Agricultural Law Charge Over Crops Statutory Advances Priority of Charges Distress and Sale of Crops

Case Brief

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Parties

The Crown

Appellant

Drage

Respondent

Procedural Posture

Appeal / High Court of Australia on Appeal From the Supreme Court of Western Australia

Legal Issues

  1. 1 Whether advances under the Industries Assistance Act 1915 (W.A.) to a lessee who also owns freehold land create a charge or transfer property in the lessee's crops to the Government.
  2. 2 Whether the advances were authorized and whether the distress and sale of the wheat by the lessor were effective against the Government.

Ratio Decidendi

On a proper construction of the relevant Acts and in view of the facts, the Government did not acquire the property in the wheat or any equitable charge over it because the advances were not properly authorized in respect of the relevant land, so the lessor's sale of the wheat was not precluded by a Government charge.

Court Disposition

Appeal allowed; judgment varied by agreement; appellant to pay respondent's costs of appeal.

Orders

  • Judgment appealed from discharged except as to costs.
  • Judgment varied to order respondent recover £1,348 10s. with costs, judgment to carry interest from 17 October 1918.