Kessell Nominal v Leech [1932] HCA 38

Kessell Nominal v Leech [1932] HCA 38

The landlord's undertaking operated as a postponement and effective waiver of his statutory right under section 6 in favour of the Minister’s right under the preferential lien, entitling the Crown to satisfy its debt before any payment of rent to the landlord.

Parties
Appellant: William James Kessell (Nominal Defendant); Respondent: John Leech
Jurisdiction
Australia
Procedural Posture
Civil / Appeal From Supreme Court of New South Wales
Outcome
Appeal allowed
Legal Topics
Crop Liens, Landlord Statutory Rights, Waiver of Statutory Rights, Effect of Undertakings, Priority of Claims
Property Law Landlord and Tenant Law Crop Liens Landlord Statutory Rights Waiver of Statutory Rights Effect of Undertakings Priority of Claims

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Parties

William James Kessell (Nominal Defendant)

Appellant

John Leech

Respondent

Procedural Posture

Civil / Appeal From Supreme Court of New South Wales

Legal Issues

  1. 1 Whether a landlord’s undertaking to admit the Minister for Agriculture to a first claim on crops waives statutory rights under sec. 6 of the Liens on Crops and Wool and Stock Mortgages Act 1898 (N.S.W.)
  2. 2 Whether the landlord is entitled to payment of one year’s rent from crop proceeds under sec. 6 when an undertaking is given

Ratio Decidendi

The landlord's undertaking operated as a postponement and effective waiver of his statutory right under section 6 in favour of the Minister’s right under the preferential lien, entitling the Crown to satisfy its debt before any payment of rent to the landlord.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed with costs in the High Court and in the Supreme Court
  • Verdict of the District Court restored