Federal Court of Australia
CATCHWORDS
Mortgage by Lessee - Covenant Not to Exercise Statutory Power to Sub-lease Without Consent - Whether Statutory Power Exists in A.C.T. - Effect of Sub-lease Without
Consent - Whether Breach of Covenant.
Real Property Ordinance (A.C.17.} 1925, Sects. 22, 84, 88, 92, 93, Div. 3, Part X
City Area Leases Ordinance (A.C.T.) 1936-64, Sects. 19, 28A, 29, 71
Conveyancing Act (N.S.W.) 1919, s.106
Conveyancing and Law of Property Act 1884 (Tasmania) Sects. 19, 20
Real Property Act 1900 (N.S.W.) s.53 Property Law Act 1958 (Victoria), s.99
Law of Property Act 1925 (Eng.), Sects. 85, 86, 99
THE COMMONWEALTH OF AUSTRALIA v_ PAMELA DALE ORR
No. ACT G 11 of 1981
Fox, Lockhart and Sheppard JJ 23 October 1981
Canberra.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY
) ) No. ACT G 11 of 1981 ) ) )
GENERAL DIVISION
ON APPEAL +#ROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: THE COMMONWEALTH OF AUSTRALIA
Appellant
AND: PAMELA DALE ORR
Respondent
ORDER
JUDGES MAKING ORDER: Fox, Lockhart and Sheppard JJ WHERE MADE: Canberra DATE OF ORDER: 23 October 1981
THE COURT ORDERS THAT the appeal be dismissed with costs.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY No. ACT G 11 of 1981
GENERAL DIVISION
Ne ae ee et et ae
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: THE COMMONWEALTH OF AUSTRALIA
Appellant
AND: PAMELA DALE ORR
Respondent
Coram: Fox, Lockhart and Sheppard JJ
23 October 1981
Canberra.
REASONS FOR JUDGMENT
FOX J:
This is an appeal from the Supreme Court of the Australian Capital Territory (Blackburn CJ). His Honour made a declaration in favour of the respondent in the
following terms:
"that the plaintiff did not, by granting any of the sub-leases dated 16 December 1976, 9 September 1978, and 20 February 1979 respect- ively, commit any breach of the memorandum of mortgage registered no. 93832 dated 24 June 1969."
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