Webster v Brisbane City Council

Webster v Brisbane City Council

Clause 18, on its true construction, excepts no more from the demised premises than the waters of Somerset Dam themselves, and does not withdraw any part of the land from the demise; the boundary of the demised premises is as described in the certificates of title and not subject to fluctuation with water levels.

Jurisdiction
Australia
Procedural Posture
Appeal / High Court of Australia Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
['lease Interpretation' 'demised Premises' 'water Encroachment' 'construction of Lease Clauses']
['property Law' 'land Law'] ['lease Interpretation' 'demised Premises' 'water Encroachment' 'construction of Lease Clauses']

Case Brief

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Procedural Posture

Appeal / High Court of Australia Judgment

Legal Issues

  1. 1 ['Proper construction and effect of cl. 18 of a lease regarding waters of Somerset Dam and the demised premises' 'Whether cl. 18 excepts part of the land from the demise if submerged by water']

Ratio Decidendi

Clause 18, on its true construction, excepts no more from the demised premises than the waters of Somerset Dam themselves, and does not withdraw any part of the land from the demise; the boundary of the demised premises is as described in the certificates of title and not subject to fluctuation with water levels.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']