Queensland Newspapers Pty Ltd v McTavish [1951] HCA 51

High Court of Australia Dixon, McTiernan, Williams, Webb, Fullagar and Kitto JJ. Queensland Newspapers Pty Ltd v McTavish [1951] HCA 51

ORDER Order that the appeal be allowed with costs including costs of the order nisi and that the order of the Court of Petty Sessions at Brisbane be set aside and that the cause be remitted to the special magistrate so that he may make a final order for possession and fix a time for the execution of such order.

Cur. adv. vult.

The following written judgments were delivered:—

Oct. 3 Dixon, McTiernan, Webb, Fullagar and Kitto JJ.

This is an appeal under s. 39 (2) (b) of the Judiciary Act 1903-1950 and s. IV., rule 1 of the Appeal Rules from an order of the Court of Petty Sessions at Brisbane refusing an order putting the appellants in possession of certain premises and dismissing the information by which the order was sought.

The premises consist of a part of Victory Chambers, Adelaide Street, Brisbane. They have been occupied by the respondent as a weekly tenant of the appellants but his tenancy was terminated by notice to quit expiring on 11th August 1950. The special magistrate was satisfied of the matters which under The Landlord and Tenant Acts 1948 to 1949 Q. would have enabled him to make an order for possession and he would have made such an order against the respondent, had it not been for regs. 28A and 30 of the National Security (War Service Moratorium) Regulations. The operation of regs. 28A and 30 has been terminated in New South Wales, Victoria, South Australia and Western Australia where their place has been taken by State legislation. But this has not been done in Queensland.

The respondent falls within the definition of a protected person contained in reg. 28A and complies with the conditions imposed by reg. 30 (1) (b). The special magistrate was not satisfied that reasonably suitable accommodation was available for the occupation of the respondent and on that ground only refused the order for possession.