KRINGAS & ANOTHER V. TERRILL & OTHERS

o.19980/45

bs

ORAL REASONS

REASONS FOR JUDGMEN

eT

IN THE HIGH COURT OF AUSTRAL.

New South Wales Regist: fe }

GORAM + LATHAM, C.J. KRINGAS and ANOTHER RIGH J. SPARKE Je ve DIXON J. MOTIERNAN J, TERRILL and OTHERS SXDNEX. 29th NOVEMBER. 1946

STURGMENT IATHAM O.J, 1 We are of opinion that this appeal should be

RICH J.

dismissed. I put my judgment upon the ground that the evidence shows a tenancy by estoppal between the occu- pants of the room in question in Grace Building and the Conmonwealth, There is a payment of rent as rent to persons who, in fact, were agents of the Commonwealth. The money was received as rent and receipts were given for it expressly as rent, There are accordingly, in my Opinion, all the elements of a tenancy by estoppel. It may also be that under Section 22a of the Landlord end Tenant Act there is the evidence which is sufficient to eatablish the presumptions which are referred to. I, however, consider it sufficient to base my conclusion upon the ground which I.have stateds

It 1s suggested that there is some impropriety or illegality or legal impossibility in the Commonwealth becoming a landlord of land which has been compulsorily acquired under the Lands Acquisition Act and which is not jmmediatley required forutilisation for a public purpose

T can see no authority for that propositions

The practical difficulty which hae been suggested in relation to the time limitation placed upon the warrant issued under Section 22 of the Landlord and Tenant Act does not appear to meshere.to require any special consideration by the Court. Apart from the proceedings in the Supreme Court, the provisions of Section 59 of the Lands Aaquisition Act

would appear to form « speedy method of dealing with the case,

In my opinion the appeal should be dismissed with costs.

i

t I agree that the appeal fails, In my opinion