Dever v Lawson [1950] HCA 58

High Court of Australia McTiernan, Webb and Kitto JJ. Dever v Lawson [1950] HCA 58

ORDER Appeal dismissed with costs.

The Court delivered the following written judgment:—

Dec. 21 McTiernan, Webb and Kitto JJ.

The respondent sued the appellant in an action of ejectment in the Supreme Court of New South Wales to recover possession of a dairy farm. The appellant was in possession of the farm under a share-farming agreement into which he had entered with the respondent and which provided that it should continue in force until termination by one month's notice in writing given by either of the parties to the other. The respondent gave to the appellant a notice in writing to quit and deliver up possession of the farm on a date which was more than one month after the giving of the notice; and as the appellant continued in possession after that date the respondent brought the action.

Particulars of claim were delivered with the writ, and they alleged that the share-farming agreement was duly determined by the notice already mentioned. The appellant filed particulars of defence in which he denied the due determination of the agreement, setting up several grounds of which the only one relied upon in this appeal was that the provisions of s. 24 (1) of the Agricultural Holdings Act, 1941 N.S.W. had not been complied with. The respondent in her particulars in reply asserted that those provisions were not applicable. A summons to strike out the appearance and to empower the respondent to enter judgment in the action was dismissed in chambers, but the Full Court of the Supreme Court allowed an appeal, struck out the appearance and gave the respondent leave to enter judgment. From this decision the appellant appealed to this Court.

Section 4 of the Agricultural Holdings Act, 1941, defines "holding" in terms which apply to the dairy farm in question. It also defines "contract of tenancy" as meaning a letting of or agreement for letting land for a term of years, or for lives, or for lives and years, or from year to year, and as including a letting of land under a tenancy at will; and it defines "tenant" as meaning the holder of land under a contract of tenancy.