Kennison v Daire

The High Court of Australia considered the appeal in *Kennison v Daire*. The dispute concerned the validity of a notice to quit served by a landlord on a tenant. The tenant had failed to pay rent for a period of two weeks. The landlord sought to recover possession of the premises.

The central legal issue before the Court was whether the notice to quit was validly served in accordance with the relevant provisions of the Landlord and Tenant (Control of Rents) Act 1942 (SA). Specifically, the Court had to determine if the notice, which was posted by registered mail to the tenant's last known place of abode, constituted proper service when the tenant was absent from that address at the time of posting.

The Court held that service by registered post to the tenant's last known place of abode was sufficient, even if the tenant was not personally present to receive it. The majority reasoned that the Act did not require personal service and that posting the notice by registered mail was a reasonable method of ensuring it came to the tenant's attention. The legal principle applied was that service is generally effective when it is carried out in a manner likely to bring the document to the recipient's notice, unless personal service is expressly mandated.

The appeal was dismissed, and the order for possession in favour of the landlord was upheld.