Belmore Property Co (Pty) Ltd v Allen [1950] HCA 5

Bihion 6

Holdings v IREWSI) (oat) 20 208

80 C.L.R.] OF AUSTRALIA. 191

[HIGH COURT OF AUSTRALIA.]

BELMORE PROPERTY COMPANY (PRO- PRIETARY) LIMITED AND ANOTHER RESPONDENTS,

:: APPLICANTS ;

AND

ALLEN AND ANOTHER . ' . '4 . RESPONDENTS. APPLICANTS,

APPLICATION FOR SPECIAL LEAVE TO APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

Landlord and Tenant—Building lease—Covenant by lessee to demolish old building H.C. or A. and erect new building—Covenant complied with—New building—Fair rent— 1950. Relationship of parties—Decision by Fair Rents Board— Determination "— Se Prohibition—Rent—Increase—Jurisdiction of Board—Landlord and Tenant S¥DNEY. (Amendment) Act 1948-1949 (N.S.W.) (No. 25 of 1948—No. 21 of 1949), s. 41. April 13, 26.

ction 41 of the Landlord and Tenant (Amendment) Act 1948-1949 (N.S.W.) ee kp

provides that " every determination of a Fair Rents Board or of the Controller

ernan, Williams, shall'. . . be final and without appeal." Webb and

Fullagar JJ. Held that under s. 41 proceedings by way of prohibition will lie before

but not after a determination has been made. A building erected in 1918 by a lessee in pursuance of a covenant in a build- ing lease made in 1912 to demolish the then existing buildings and to erect

a new building, is within the operation of the Landlord and Tenant (Amend- ment) Act 1948-1949 (N.S.W.).

A Pair Rents Board constituted under the Landlord and Tenant (Amend- ment) Act 1948-1949 (N.S.W.) may increase as well as decrease rents.

Application for special leave to appeal from the decision of the Supreme

Court of New South Wales (Full Court): Bz parte Belmore Property Pty. Ltd. ; Re Allen, (1949) 67 W.N. (N.S.W.) 39, refused.

Appiication for special leave to appeal from the Supreme Court of New South Wales.

By an indenture of lease made on 7th October 1912, certain land was leased to the Belmore Property Co. Ltd. for a term of fifty years from 1st August 1912 at the annual rental of £1,066.