Flannagan v Milne [1919] HCA 49

REPORTS OF CASES

DETERMINED IN THE

HIGH COURT OF AUSTRALIA

1919-1920.

(HIGH COURT OF AUSTRALIA.]}

FLANNAGAN ' i 2 . ; . APPELLANT ;

AND

MILNE . : : é : : : : . RESPONDENT.

ON APPEAL FROM THE SUPREME COURT OF SOUTH AUSTRALIA.

notice—Waiver—Licensing Acts Further Amendment Act (No. 2) 1915 (S.A.) (No. 1236), secs. 72, 73.

Sec. 72 of the Licensing Acts Further Amendment Act (No. 2) 1915 (S.A.) provides that "A lessee of any licensed premises may, within two months after the commencement of this Act, or within such further time, not exceeding six months after such commencement, as the President" of the Industrial Court " may allow, give to the owner of such premises notice in writing that, by reason of his pecuniary loss consequent on the operation of the Licensing Act Further Amendment Act 1915" (by which (inter alia) the time for closing hotels was fixed as 6 p.m. instead of 11 p.m.), "he desires that the amount of the rent payable under any lease, existing at the commencement of this "Act, under which such lessee holds the said premises, or relating thereto, shall be adjusted as from the commencement of the said Act." Sec. 73 provides that ''(1) If the said lessee (having given notice under sec. 72 of this Act) and the said owner do not, within one month after the giving of the said notice, agree as to the adjustment to be made, the said lessee may, within

Licensing—Lessor and lessee—Karly closing—Adjustment of rent—Sufficiency of H.C. or A.

1919. YL ADELAIDE, Oct 1, 3.

Barton, Isaacs and Rich JJ.

H.C. or A. 1919, Sw

FLANNAGAN v. Mine.

HIGH COURT [191

two months after the giving of the said notice, or within such further time the President may allow, make application in writing to the President to adjust the amount of the rent payable as mentioned in the said sec. 72." —

Held, that the notice required by sec, 72 need not follow the strict language of the section, and therefore that a notice in which the licensee said " under secs. 72, 73 and others of the Licensing Acts Further Amendment Act (No, 2) 1915 I hereby apply to have the rent of the" particular licensed premises "reduced," was a sufficient notice.