Esmonds Motors Pty Ltd v The Commonwealth [1970] HCA 15

High Court of Australia Barwick C.J. Kitto, Menzies, Owen and Walsh JJ. Esmonds Motors Pty Ltd v The Commonwealth [1970] HCA 15

ORDER Appeal allowed with costs. Order of the Supreme Court of the Australian Capital Territory set aside and in lieu thereof declare:

(1) That there has been no reappraisement of the unimproved value of the land included in Crown Lease Registered Volume 46 Folio 4540 in accordance with the provisions of the City Area Leases Ordinance 1936-1967 and the Regulations made thereunder.

(2) That pursuant to the terms of Crown Lease Registered Volume 46 Folio 4540 the Applicant is at this date required to pay as rental for such Crown Lease the sum of One hundred and fifty-five dollars ($155.00) only per annum at the times and in the manner specified in the said Crown Lease.

Order that the defendant, the Commonwealth of Australia, pay the costs of the plaintiff, Esmonds Motors Pty. Limited.

Cur. adv. vult.

The following written judgments were delivered:—

June 8 Barwick C.J.

This is an appeal from the refusal of the Supreme Court of the Australian Capital Territory to make certain declarations in favour of the appellant which is a lessee the amount of whose rent payable under a lease granted under the City Area Leases Ordinance 1936-1967 (The Ordinance) of the Australian Capital Territory is calculated upon the unimproved value of the leased land appraised as required by the Ordinance [Esmonds Motors Pty. Ltd. v. The Commonwealth [2] .]

1. (1969) 15 F.L.R. 314.

The declarations sought by the appellant were as follows:—

1. That pursuant to the terms of Crown Lease Registered Volume 46 Folio 4540 the Appellant is required to pay as rental for such Crown Lease the sum of One hundred and fifty-five dollars ($155.00) only per annum at the time and in the manner specified in the said Crown Lease.