High Court of Australia
OF AUSTRALIA. 171
(HIGH COURT OF AUSTRALIA.]
EDWARD O'KEEFE, JOHN O'KEEFE, ANDREW STANISLAUS O'KEEFE APPELLANTS ; and GERALD JAMES McKENNA
PLAINTIFFS, fi AND JAMES LESLIE WILLIAMS . é : . RESPONDENT. DEFENDANT,
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
Crown Lands Act of 1884 ( W.) (48 Viet. No. 18), sec. 81—Crown Lands Act H.C. or A.
of 1895 (N.S. W.) (58 Viet. No. 18), sec. 4—Oceupation licence—Rights of holder 1910. —Grant by Crown of annual lease of lands held under occupation licence— pane SYDNEY,
Eviction of licensee by annual lessee—Liability of Crown for breach of covenant of quiet enjoyment—Derogation from grant—Relationship between Crown and het ae: ae holder of Crown lands—Landlord and tenant—Disturbance of possession of
lessee by assignee of lessor—Damages—Cost of legal proceedings—Recovery of Griffith C.J.,
Barton,
rent paid (0 lesor by assignee—Practice—Amendment of pleadings at the trial. Waacs and liggins JJ.
In 1899 the plaintiffs' testator, Andrew O'Keefe, was entitled to the exclusive occupation of certain Crown lands as the holder of occupation licences, which operate as a demise for a year renewable at the option of the licensee, the licence fees being payable in advance. O'Keefe did not pay the licence fees for 1900 at the time appointed by a gazette notice, and on 6th January 1900 it was notified that his occupation licences had not been renewed for that year. This notification—as it was subsequently held—was inoperative, as the licence fees demanded were not then legally due. On 12th January, however, O'Keefe interviewed an officer of the Lands Department as to the non-renewal of his licences, and paid the licence fees demanded into the Treasury, the money being placed to a suspense account, pending the decision of the Minister. On 20th January the Minister approved a minute reversing the non-renewal of the licences for 1900, ''subject to any conflicting interests that may have arisen since 31st December last, and to any annual lease applications lodged since that date." This reversal was gazetted on 14th February. In the interval between 20th January and 14th February one Malone applied for an annual lease of
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate