Owen v Woolworths Properties Ltd [1956] HCA 67

154 HIGH COURT (1956. {HIGH COURT OF AUSTRALIA] OWEN d 5 2 : 5 ; é : APPLICANT- APPELLANT, RESPONDENT ; AND

WOOLWORTHS PROPERTIES LIMITED .\ ResponpEnt- RESPONDENT, APPLICANT.

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

H.C. or A. Landlord and Tenant—Fair Rent—Commercial premises—Determination—Appeal—

1956. Stated case—Point of law—Not taken before magistrate—Necessity to raise point Se clearly in case stated—Capital value of premises—Land and buildings—Federal SypNEY, land tax—Imposition and abolition—Landlord and Tenant (Amendment) Act

Aug. 30, 31; 1948-1954 (N.S.W.) (No. 25 of 1948—No. 46 of 1954), ss. 20 (2) (3) (4)*, 21 (1).

MELnourNe, Section 21 (1) of the Landlord and Tenant (Amendment) Act 1948-1954 Oct. 19. provides :—"' Subject to section twenty of this Act, in determining the fair mera rent a Fair Rents Board shall have regard to— Williams, pyllaear Section 20 of the Landlord and scribed date or since the date of the

Tenant (Amendment) Act 1948-1954 provides :—

«90. (1) Where an application has been made for the determination of the fair rent of any prescribed premises other than shared accommodation, the Fair Rents Board may, after making such enquiries and obtaining such reports (if any) asit considers necessary, and after considering any representa- tions made by any persons whose rights may be affected by the determination, determine the fair rent of the prescribed premises.

(2) Subject to sub-sections three and four of this section, the determina- tion shall not increase the fair rent of any dwelling house by such an amount that the annual rental thereof would be increased by more than six per centum of the sum which the Fair Rents Board is satisfied was necessarily expended by the lessor since the pre-

Taylor JJ.

last determination of the fair rent of the dwelling house, whichever is the later, upon the improvement or struc- tural alteration of the dwelling house (but not including decoration, main- tenance or repairs).