High Court of Australia
452 HIGH COURT
[HIGH COURT OF AUSTRALIA,
HENSLEY (305 009) 2°00) 00a DEFENDANT, AND RESCHKE . E : 4 5 . REsPONDE)
PLAINTIFF,
ON APPEAL FROM THE SUPREME COURT OF SOUTH AUSTRALIA.
H.C. or A, Landlord and Tenant— Perpetual lease from Crown—Sub-lease—Action for holdin 1914. over—Damages—Compensation paid to purchaser for non-delivery of possess es —Prohibition against transfer without permission—Crown Lands Ame
ADELAIDE, Act 1898 (8. A.) (No. 705), sec. 17.
Sobek? The plaintiff was the holder of a perpetual lease from the Crown of certain land under the provisions of the Crown Lands Amendment Act 1898 (S.A.). Srtyely One of the conditions of the lease was that the lessee should not transfer, sub-— hich 39. let, encumber or mortgage without the consent of the Commissioner of Crown
Lands first had. The plaintiff sub-let the land with such permission to the defendant. At the termination of the sub-lease the plaintiff agreed to sell the land to G. for a certain sum to be paid on transfer, delivery of possession — to be made on payment of a deposit of £100. The deposit was paid. In an action by the plaintiff against the defendant for wrongfully holding over, th plaintiff claimed as damages a sum paid by her to G. as compensation for the loss of the beneficial use of the land from the time when the deposit was paid until G. actually obtained possession.
Held, that to entitle the plaintiff to recover those damages she w bound to prove that during that period G, was continuously entitled to
possession of the land and, therefore, that he was ready and willing to pay the balance of the purchase money, :
Held, also, that notwithstanding the provision in) perpelesl/ aaa Crown lands against transferring, &c., without the prior consent of
18 C.L.R.] OF AUSTRALIA.
Commissioner, the lessee may put a purchaser from him into possession of H. C. or A.
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