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Decisions of the Superior Courts of New South Wales, 1788-1899

Doe dem Ryan v Rochford (1831) NSW Sel Cas (Dowling) 683; [1831] NSWSupC 21

Crown lease, voidable

Supreme Court of New South Wales

Forbes C.J., 16 February 1831

Source: Dowling, Select Cases, Archives Office of N.S.W., 2/3466

[p. 55] [A lease of leave from the Crown though voidable for a breach of covenant is good against all the [p. 56] world except the Crown, and that a person being under such a lease has a good defence to ejectment by a stranger.]

[p. 55]

Tuesday 16th February 1831

In Banco

Coram

Forbes CJ  Stephen J

Dowling J

Doed Ryan v Rochford

The court held that a lease of land from the Crown, though voidable for a breach of covenant was good against all the world except the Crown and that [p. 56] a person being in under such a lease had a good defence to ejectment at the suit of a third person.

Coram Forbes CJ.

J Stephen had moved for a new trial, maintaining the negative of this point.

Rule Refused.

Published by the Division of Law, Macquarie University