High Court of Australia
4? 7 Gore G
IN THE HIGH COURT OF AUSTRALIA.
DWENTIRT JRY, ULTLITY COMPANY HOPRIBTARY LIMITSD
_ Ge HUPPERT AND COMPANY PTY. UTD,
ORIGIN
REASONS FOR JUDGMENT.
Judgment delivered at... 1 Geom, Oot Pit, Mab, on. WEDNESDAY,... 5th. MARCH,..A94 7...
ozrt
TWENTIETH CENTURY UTILITY COMPANY PROPRIETARY LIME TED
C. HUPPERT AND COMPANY PTY. LUD.
JUDGRENT
WILLIANS
This is an appeal from a judgment of the Supreme Court of
Victoria in favour of the respondent to the appeal for the recovery
of possession of certain factory premises in Bouverie Street,
Carlton. The power of the court to make orders for the recovery of possession of such premises is limited by the National Security (Landlord and Tenant) Regulations. Under reg. 58, proceedings for i the recovery of the possession of premises to which the regulations apply must be based upon some one or more of certain prescribed grounds. In the present case 'the plaintiff, the respondent to the appeal, relied upon ground (g)(ii), namely that the premises, not
being a dwelling-house, were reasonably required for occupation by
the lessor. That ground was established by evidence and the decision of the learned trial judge, His Honour Mr. Justice MacFarlan, on that point has hardly been challenged in this court. Reg. 63 requires the the court, upon the hearing of any proceedings by a lessor for an
order for the recovery of possession of premises, to take into consideration, in addition to all other relevant matters, certain
matters which are set out under three heads:- (ea) any hardship wi
would be caused to the lessee or any other person by the making of
the order; (b) any hardship which would be caused to thelessor or any other person by the refusal of the court to make the order; and (c) where the application is made on any one or more of the grounds specified in, inter alia, paragraph (g) of sub-reg.(5) of reg. 58, whether reasonably suitable alternative accommodation in lieu of the prescribed premises is, or has been since the date upon which notice to quit was given, available for the occupation of the person
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate