Turner v York Motors Pty Ltd [1951] HCA 52

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85 C.L.R.] OF AUSTRALIA. 55

{HIGH COURT OF AUSTRALIA.]

TURNER AND OTHERS . 3 a 3 . APPELLANTS ; Drrenpants, AND

YORK MOTORS PROPRIETARY LIMITED . ResponpEnT. PLAINTIFF,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

Landlord and Tenant—Tenancy agreement—No formal document—Occupation of H.C. or A. land by tenant—Rent paid and accepted monthly—Nature of tenancy—At will 1951. or from month to month—Yearly tenancy—Implication—Notice to quit— re Validity—Hjectment proceedings in the Supreme Court— Prescribed premises" SYDNEY, —* Bare" land— Protected person "—Conveyancing Act 1919-1943 (N.S.W.) May ie 10, (No. 6 of 1919—No. 15 of 1943), s. 127 (1)—Landlord and Tenant (Amendment) i

'Act 1948-1949 (N.S.W.) (No. 25 of 1948—No. 22 of 1949), ss. 8, 69—Defence ae (Transitional Provisions) Act 1946-1950 (No. 77 of 1946—No. 78 of 1950), ase 8. 6 (2}—National Security (War Service Moratorium) Regulations, regs. 284, Dixon, 30. Webb and Kitto JJ.

About 9th October 1946, the defendants went into possession of about 1d acres of land, after a telephone conversation had taken place between T., one of the defendants, and §. the registered proprietor of the land. §. had told T. that he was willing to lease the 1} acres to the defendants at a rental of £6 per week and that they could take possession immediately. 'This they did, and thereafter paid S. rent, at first £6 every week and later £26 every month. The defendants extended their occupation on to the balance of the land owned by 8. which had a total area of about five acres. Upon the land there had been erected a number of temporary buildings but these were to be removed or were in course of removal. Late in 1947 or early in 1948, after S. had made unsuccessful efforts to confine the defendants to the 14 acres, the defendants increased their payments to £52 per month, and S. accepted these payments as rent for the whole area. S. sold the land to the plaintiff in October 1948, and for a short period thereafter the plaintiff accepted rent from the defendants at the rate of £52 per month for the whole