or the premises of which such premises form a part have, after the thirtieth day of June, one thousand nine hundred and forty-nine, Le BROCQUE
been the subject of a lease (whether the lease was entered into before or after that date), the prescribed premises shall deemed to be 'special premises for the purposes of this Act." Sub-section (2) of S. 6A provides in effect that in the case of "special premises the Act shall apply, subject to certain modifications, as if leave and license were a lease, a licensee a lessee, a licensor a lessor, and the consideration for the leave and licence were rent. The applicant maintains that it follows that for the purpose of S. 81 Mrs. Ogilvie should be treated as a lessee and the defendant, who acted for the proprietors of the private hotel, should be treated as having done an act whereby the enjoyment of ' the lessee '' of the premises was interfered with.
According to the contention of the applicant, sub-s. (3) (a) operates to make S. 81 applicable by reason of the existence after 30th June 1949, of a lease (i.e. the lease to Mrs. Ogilvie's licensor) of premises of which Mrs. Ogilvie's room forms a part. The construction which the Supreme Court in Rowland v. Leslie-Rounding 1 placed upon the sub-section would make it applicable only if Mrs. Ogilvie's room had been after 30th June 1949, itself the subject of a lease before it became subject to the licence granted to her.
In support of his application for special leave to appeal the learned Solicitor-General of New South Wales challenged the correctness of this decision, saying that, in effect, it ignored the words " or any part of such premises or the premises of which such premises form a part " which occur in the sub-section. He also said that this interpretation of the section was contrary to that which had been adopted in the administration of the Act, that the decision was relatively recent, and that it had a general operation with some important consequences.
The decision was in fact given on 6th June 1956. On 23rd July 1956 in Brisbane an application to this Court for special leave to appeal was made in that case itself by the lessor, who, as it happened, was the person aggrieved by the actual decision. The Court refused the application for special leave. It is true that not all the matters now urged by the Solicitor-General were then put before the Court. But the refusal of special leave in July has doubtless meant that the decision in Rowland v. Leslie-Rounding (1) has been acted upon. The statutory provision in question is one which is capable of involving penal consequences, and the fact that special leave to challenge it has been refused on a previous
1(1956) S.R. (N.S.W.) 290; 73 W.N. 366.