High Court of Australia
54 C.L.R.] OF AUSTRALIA. 97
possession of trading advantages over another State nor gives it the H.C. oF A.
A ott otf 1935. power to obtain any such advantages. In our opinion, it is not eo obnoxious to sec. 99 of the Constitution. Crowe
Tn our opinion the demurrer should be allowed. THE Commox-
Demurrer allowed. Action dismissed with costs, "™*"™"*
Solicitors for the plaintifis, Edmunds, Jessop, Ward & Ohlstrom. Solicitor for the defendants, W. H. Sharwood, Crown Solicitor for the Commonwealth, by Fisher, Powers, Jeffries & Brebner.
CC. Bs [HIGH COURT OF AUSTRALIA.] GLACKEN. m " 4 a :. . APPELLANT 3 PLAINTIFF, AND TOOTH AND COMPANY LIMITED 3 . REsPonpDENT. DEFENDANT,
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
Landlord and Tenant—Lease—Rent—Covenant by lessee not to make claim for 1.0, oy A. reduction —' Present legislation State or Federal" —Subsequent legislation 935, —Application thereunder by lessee—Contracting out of benefit conferred =~ by statute—Reduction of Rents Act 1931 (N.S.W.) (No. 45 of 1931), secs. 5, 6— SYDNEY, Landlord and Tenant (Amendment) Act 1932-1935 (N.S.W.) (No. 67 of 1932— Oct. 29, 30.
No. 33 of 1935), secs. 14, 16. ere Dixon and For the purpose of settling a dispute as to the amount of rent payable under McTiernan JJ.
'a lease expiring in December 1937, the parties thereto, by indenture made on 4th April 1932, agreed upon a sum payable in respect of arrears, and the lessee covenanted that it would pay in full and without any diminution on the dates provided in the lease the sums therein provided to be paid by way of rent and would not " make any claim for the reduction of the same nor take
VoL. LIV., 7
98 HIGH COURT
H.C. or A. advantage of nor endeavour to take advantage of any present legislation State
1935. or Federal relating to or having the effect of reducing rents and in favour 0
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