High Court of Australia
82 C.L.R.] OF AUSTRALIA. 423
REF. 272 We 1 CS SIG SUES
[HIGH COURT OF AUSTRALIA.)
MASSART . 4 E ' i 5 2 ; APPELLANT ; DEFENDANT, ji ? Cons' sa(nisw) 0. 67 667 wee BLIGHT AND ANOTHER f 3 ' . RESPONDENTS. COMPLAINANTS,
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
Landlord and Tenant—Prescribed premises—Recovery of possession—Lease— |. (. or A. Covenant against assigning without consent of lessor—Breach by assignor— 1951, Notice to quit given to assignee—Operation of notice—Hardship—Discretion of | "~ magistrate—Landlord and Tenant (Amendment) Act 1948-1949 (N.S.W.) (No. 25 SyDNEY, of 1948-—No, 21 of 1949), 38. 36, 62 (5) (6) (n), (7) (0), (10), 70 (1) (a), 74, 91. April 19, 20,
Under the combined operation of sub-ss. (5) (6), (n), (7) (b) and (10) of May 10. 8. 62 of the Landlord and Tenant (Amendment) Act 1948-1949 (N.S.W.), an assignment of a lease which has not been assented to or approved by the lessor is a ground for giving a notice to quit under that section if there is not Webb and any covenant against assigning contained in the lease, but is not a ground 1 Wiser IJ if there be such a covenant, and none of the prescribed grounds extend ce Hebe
(v0.t.saa} w.00. 61
effectively to such a case.
'The complete discretion with respect to hardship which is given to a magis- ef" : trate by s. 70 (1) (a) of the Landlord and Tenant (Amendment) Act 1948-1949 956 SR (N.S.W.), can only he reviewed on appeal under s. 74 when an error of law ae) 3p G has been committed or the exercise of his discretion has so miscarried that .
his conclusion cannot be supported in point of law. teary | 9 5
i 4 i — 'At common law an assignment of a lease in breach of a condition against 7 WA) 5Z. 6 assignment, does not make the assignment nugatory, but merely exposes the lease to forfeiture.
Decision of the Supreme Court of New South Wales (Full Court): Blight v. Massart, (1950) 67 W.N. (N.S.W.) 206, reversed.
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