Mekpine Pty Ltd v Moreton Bay Regional Council

[2014] QCA 317

Queensland Court of Appeal

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Interrogate

Catchwords

1. Real Property
2. › Torrens System
3. › Registration of instruments
4. › Effect of registration on interest
5. › Amalgamation of lots
6. › Whether registration of survey plan amalgamating lots transferred or created lessee's interest in new lot
7. › Land Title Act 1994 (Qld), ss 49, 49A, 50, 64, 175, 182
1. Real Property
2. › Compulsory acquisition
3. › Compensable interest
4. › Lessee's interest in resumed land
5. › Whether lessee had estate or interest in land outside original lot
6. › Acquisition of Land Act 1967 (Qld), s 12(5)
1. Landlord and Tenant
2. › Retail shop leases
3. › Statutory definitions
4. › Common areas
5. › Whether statutory definition of common areas in Retail Shop Leases Act 1994 (Qld) replaced inconsistent definition in lease
6. › Whether definition clause had substantive operation beyond construction of statute
7. › Retail Shop Leases Act 1994 (Qld), ss 6, 8, 18, 19, 20
1. Statutes
2. › Interpretation
3. › Definition clauses
4. › Whether definition in statute operates only as aid to construction or has substantive effect on contractual terms
5. › Whether contrary legislative intent displaces general principle that definitions only aid construction of the statute

Quick Take

Where lots are amalgamated and a lease is noted as an 'Existing Lease Allocation' on the survey plan of the new lot, the lessee's interest under s 182 of the Land Title Act 1994 (Qld) extends to the new amalgamated lot, not merely the former lot. The definition of 'common areas' in s 6 of the Retail Shop Leases Act 1994 (Qld) replaces any inconsistent definition in a retail shop lease by virtue of ss 18-20, notwithstanding that s 6 is a definition clause. Both holdings were contested by [name withheld] in dissent.