High Court of Australia
208 HIGH COURT
H.C.or 4. Tam of opinion that the judgment of the learned Tudge f
Ree correct and the appeal should be dismissed with costs.
HIGHLANDS
Lap McTiernan J. I agree.
Devury Appeal dismissed with costs, Feperan Comatts-
SIONER OF Solicitors for the appellant, Varley, Evan, Thomson & 8 Taxes (S-A-). Solicitor for the respondent, W. H. Sharwood, Crown Solicito
the Commonwealth.
HD.
(HIGH COURT OF AUSTRALIA.]
ADDISON AND ANOTHER Pa a ON) PLAINTIFFS, Zl AND CAIN AND ANOTHER a . F & . Resp DEFENDANTS,
ON APPEAL FROM THE SUPREME COURT OF QUEENSLAND.
Licensing Law—Licensed victualler—Security or charge for payment of mo EO. om. Consent of Licensing Court—Protection from unfair and unreasonable terms 1932, conditions—* Lease, licence, goodwill, interest, or other property ""—Morlg 5 of freehold by owner-licensee without consent—Validity—Liquor Acts 1912-1926 Sypyey, (Q.) (3 Geo. V. No, 29 -17 Geo. V. No. 3), sec. 69%,
folie In sec, 69 of the Liquor Acts 1912-1926 (Q.) the words "interest, or
MELBOURNE, property " include a freehold estate. The application of the section is n
May 30. limited to securities or charges which contain stipulations relating to —— of liquor or goods.
Rich, Starke,
Dixon, Evatt Decision of the Supreme Court of Queensland (Webb J.) reversed.
and McTiernan a *The Liquor Acts 1912-1926 (Q.) lease, licence, goodwill, i provide, by sec. 69, as follows:—"(1) other property of the licensee in It shall not be lawful for any licensed _ connection with the licensed pret victualler . . . to give, or for any without the consent of the Court. 4 person to take, any security or charge _a condition precedent to the git for the payment of moneys over the such consent, the Court may reqt
47 C.L.R.] OF AUSTRALIA.
Appear from the Supreme Court of Queensland.
The plaintiffs, George Frederick Addison and Herbert Stanley MacDonald, carrying on a business in partnership as architects, brought an action against Annie Teresa Cain, licensee of Lennon's Hotel, George Street, Brisbane, and the City Mutual Life Assurance Society Ltd., for a declaration that certain mortgages given by Mrs. Cain, and taken by the Society, in respect of the land on which the said hotel was erected were given and taken contrary to the provisions of sec. 69 of the Liquor Acts 1912-1926 (Q.), and were void and of no effect.
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