Catanzariti v Whitehouse

[1981] FCA 157

Re: ELAINE VERONICA CATANZARITI
And: ARNOLD WHITEHOUSE (1981) 55 FLR 426
No. A.C.T. G13 of 1980
Joint Tenancy - Landlord and Tenant

COURT

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY
GENERAL DIVISION
Fisher(1), Lockhart(1) and Kelly(1) JJ.

CATCHWORDS

Joint Tenancy - whether joint tenant entitled to let or use premises jointly owned to exclusion of other tenant - agency - Contract when made not professed to be made on behalf of principal - whether alleged principal can ratify - trespass to chattels.

Landlord and Tenant - Joint tenancy of premises - One joint tenant purported to lease giving exclusive possession of premises - Other joint tenant ignorant of lease - Lessee unaware of existence of joint tenancy - Rights of lessee to occupy premises - Whether lease can be ratified.

HEADNOTE

The appellant and her husband were registered as the joint tenants of a Crown lease of premises in Canberra. The appellant left the premises in 1978 and in January 1979 her husband purported to let the premises to the respondent without the knowledge of the appellant. When the appellant learnt about the letting some months later she voiced no objection. In June 1979 the appellant moved into the premises herself and, while doing so, she interfered with the respondent's personal effects causing him to suffer damage and loss. The Supreme Court of the Australian Capital Territory having awarded damages to the respondent, an appeal was lodged.

Held, per curiam, that the appeal should be dismissed because the agreement between the appellant's husband and the respondent entitled the respondent to the use and occupation of the whole of the premises together with the appellant, and the appellant was not entitled to damage his goods and chattels.

Keighley, Maxsted & Co. v. Durant, (1901) AC 240; Howard Smith & Co. Ltd. v. Varawa (1907), 5 CLR 68, applied.

HEARING

Canberra, 1981, July 14; September 24. #DATE 24:9:1981

APPEAL.

Appeal to the Full Court of the Federal Court of Australia from the Supreme Court of the Australian Capital Territory (Connor J.) awarding the respondent damages for trespass to the respondent's chattels.

P. L. R. Sheils, for the appellant.

R. E. Williams, for the respondent.

Cur. adv. vult.

Solicitors for the appellant: Peter Smyth, Brewster & Co.

Solicitors for the respondent: Manfred Stinson & Dougall.

E. F. FROHLICH

ORDER

1. The appeal be dismissed.

2. The appellant pay the respondent's costs of and incident to the appeal.

JUDGE1

In an action between Arnold Whitehouse (the plaintiff in the action and the respondent to this appeal, to whom we shall refer as "the respondent") and Elaine Veronica Catanzariti (the second defendant in the action and the appellant in this appeal, to whom we shall refer as "the appellant") the Supreme Court of the Australian Capital Territory entered judgment against the appellant in the sum of $111.25 and ordered the appellant to pay the respondent's costs.

The Supreme Court's findings of fact were not disputed before us. They may…