Australian Red Cross Society v Beaver Trading Company Pty Ltd [1947] HCA 60

A, C. of A.

1947. ed

Sypney,

Dec. 17-19.

Rich, Dixon and Williams JJ,

AUSTRALIAN RED CROSS SOCIETY .

BEAVER TRADING COMPANY PROPRIE-\ ae

HIGH COURT

[HIGH COURT OF AUSTRALIA.]

INFORMANT, : AND

TARY LIMITED AND OTHERS

Drrenpants,

ae RESPONDENT

to the same conditions. . as... prescribed by the law of the 'Sighs —National heathy Saito e and tenant—Hijectment—Decision of magis

Pees to sda Cote Cate stated — Rat ea: xy of appeal—Special be

(2), 654 (1), @)—High Court Rules, Part I1., Section IV41, 1Laniltord Tenant Act 1899 (V.S.W.) (No. 18 of 1899—No. 35 of 1937), 8. 31 2)—Jus Act 1902-1947 (N.S.IW.) (No. 27 a 1902—No. 3 a 1947), ss. 101-1LL.

Part IV. of the Landlord and Tenant Act 1899 (N.S.W.), therefore such appeal does not lie as of right to the High Court under Section IV. of the H Court Appeal Rules and s. 39 (2) (b) of the Judiciary Act 1903. High Court may, under par. (c) of s. 39 (2), grant special leave to from such a decision, .

controls them.

Robertson v. Manders, (1947) 47 SR. (NS.W.) 437; 127, referred to.

64 W.N. (N.

LR.] OF AUSTRALIA.

'The words " or any other person " in sub-regs. (a) and (b) of reg. 63 of the

National Security (Landlord and Tenant) Regulations include all individuals and ascertainable classes of the community who would be prejudiced by the tenant losing possession or the landlord failing to obtain possession.

ge Srarep and AppLication For Speciat Leave. Informations laid by Howard Linton Pitt, as agent for the Aus- Jian Red Cross Society, on 17th June 1947, under reg. 58 of the tional Security (Landlord and Tenant) Regulations and s. 23 of Landlord and Tenant Act 1899 (N.S.W.) alleged that each of seven defendants, namely, Beayer Trading Co. Pty. Ltd., bert Blau—trading as Robert Blau (Australia), J. G. James Pty. A. F, Kellett, William Liddell & Co. Ltd., William Ritchie— ng as William Rubenstein, and Thomas Sidney May and Sidney May—trading as I. S. May & Son, held from the n Red Cross Society by virtue of a tenancy from week to 'different specified portions of that land and premises situate 'in the Central Police Office Petty Sessions District in the State of South Wales and known as 73 York Street, Sydney, and that 'of the said tenancies was determined by a notice to quit on out 26th May 1947, and that such land and premises at the of the said informations was actually occupied by each of the id "seven, defendants and that each of the said seven defendants 'ed to quit and deliver up possession thereof, and that the ian Red Cross Society the landlord as aforesaid then had as against each of the said seven defendants to the on of such land and premises, and thereupon the informant that the said landlord, the Australian Red Cross Society, be put into possession of the said land and premises under and virtue of the statute and regulations in such case made and