High Court of Australia

Moreton Bay Regional Council v Mekpine Pty Ltd [2016] HCA 7

10 Mar 2016

Case Number: B60/2015

Before

French CJ, Kiefel, Bell, Gageler, Nettle JJ

Catchwords

Real property – Resumption of land – Leases – Where registered lease expressed to confer interest over specified lot of land that was later amalgamated with adjacent lot – Where land previously part of adjacent lot resumed by local council – Whether lessee's interest extended to entire amalgamated lot upon registration of plan of subdivision under Land Title Act 1994 (Q) – Whether lessee had compensable interest in resumed land under Acquisition of Land Act 1967 (Q), s 12(5).

Real property – Leases – Retail leases – Construction and interpretation – Whether necessary to construe lease otherwise than in accordance with natural and ordinary effect of its terms.

Statutes – Interpretation – Function of definition clause – Whether definition of "Common Areas" in retail shop lease inconsistent with definition of "common areas" in Retail Shop Leases Act 1994 (Q), s 6.

Words and phrases – "common areas", "interest in land", "outgoings", "plan of subdivision", "registered lease", "registration of an instrument", "resumed land", "retail shop lease", "retail shopping centre".

Acquisition of Land Act 1967 (Q) – ss 2, 12(5).

Acts Interpretation Act 1954 (Q) – s 36.

Land Title Act 1994 (Q) – ss 12, 49, 49A, 50, 64, 65, 182, 183, 184, Sched 2.

Retail Shop Leases Act 1994 (Q) – ss 3, 5, 6, 7(1), 8, 19, 20, 38(2), 40(1), Pt 3 Div 2, Schedule.

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