Gerraty v McGavin [1914] HCA 23

Mining ( WA)

tet idv ae * 1914. eS MeLnourne, April 6, 7, 8.

Gritith C.3., Barton, Isaacs, Gavan Duffy and Rich JJ.

McGAVIN AND ANOTHER . r 3 . RESPONDENTS.

HIGH COURT {191

(HIGH COURT OF AUSTRALIA.]

GERRATY. .

DEFENDANT,

AND

PLAINTIFFS,

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

Apportionment of condition—Option of renewal of lease ~Huercise of option after passing of the Conveyancing Act 1904 (Vict.)—Notice to remedy breach of — covenant, requisites of Breach of covenant—-Performance impossible by law~ Covenant to repair internal parts of premises—A pplication to dividing fences—

Bakehouse—Conveyancing Act 1904 (Vict.) (No. 1958), secs. 13, 15, 19, 24~ Factories and Shops Act 1905 (Vict.) (No. 1975), secs. 11, 12, 14, 151, 154.

See, 15 of the Conveyancing Act 1904 (Vict.) provides that ' Notwit standing the severance by conveyance surrender or otherwise of the reve

sionary estate in any land comprised ina lease . . . every condition or right of re-entry . . . contained in the lease shall be apportioned and shall remain annexed to the severed parts of the reversionary estate severed . . . in like manner as if the land comprised in each sevei part . . . had alone originally been comprised in the lease."

Held, by Grifith C.J. and Barton and Isaacs JJ., that the section where the severance has taken place since the Act came into operat although the lease was created before that Act. s

A lease of land under the Transfer of Land Act 1890 (Viet.) whieh \ made before the Conveyancing Act 1904 came into operation and which not registered in accordance with the former Act, contained an option renewal by the lessee which was exercised after the latter Act came operation.

18 C.L.R.] OF AUSTRALIA.

Held, that the assignee of the reversion in part of the land was under sec, H. C. or A.

15 of the Conveyancing Act 1904 entitled to take advantage of the condition of re-entry contained in the lease.