See To Soo Hing v Patty [1950] HCA 24

See To Soo Hing v Patty [1950] HCA 24

A notice to quit under The Landlord and Tenant Acts, 1948 to 1949 Q., which states two alternative statutory grounds but gives particulars referable to one, satisfies the statutory requirement to specify the ground relied upon, and is valid; the inclusion of the second ground as surplusage does not invalidate the notice if the particulars clarify the issue for the lessee.

Jurisdiction
Australia
Procedural Posture
Appeal / Final Determination by High Court
Outcome
appeal dismissed with costs
Legal Topics
['landlord and Tenant' 'statutory Interpretation' 'notice to Quit' 'eviction' 'procedural Requirements']
['property Law'] ['landlord and Tenant' 'statutory Interpretation' 'notice to Quit' 'eviction' 'procedural Requirements']

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Procedural Posture

Appeal / Final Determination by High Court

Legal Issues

  1. 1 ['Whether a notice to quit specifying two alternative grounds and not expressly stating which ground is relied upon is invalid under The Landlord and Tenant Acts, 1948 to 1949 Q.' 'Whether the particulars accompanying a notice to quit can cure ambiguity regarding the ground relied upon.' 'Whether the procedural requirements of ss. 41 and 45 of The Landlord and Tenant Acts, 1948 to 1949 Q. were satisfied.']

Ratio Decidendi

A notice to quit under The Landlord and Tenant Acts, 1948 to 1949 Q., which states two alternative statutory grounds but gives particulars referable to one, satisfies the statutory requirement to specify the ground relied upon, and is valid; the inclusion of the second ground as surplusage does not invalidate the notice if the particulars clarify the issue for the lessee.

Court Disposition

appeal dismissed with costs

Orders

  • ['Order of the Full Court varied by deleting 27th September 1949 and inserting in lieu thereof 23rd June 1950.' 'Costs to include reserved costs.']