A deed made 29th May 1954 between George William Edward Smith and Ada Smith (therein called the licensors of the one part) and Maria Radaich (therein called the licensee) of the other part witnessed that the Licensors hereby grant to the Licensee for a term of five years from the Twentyninth day of May One thousand nine hundred and fifty four (determinable as hereinafter mentioned) the sole and exclusive.
Radaich argued she held a lease in substance even though the agreement was labelled a license, because it effectively amounted to a right to exclusive possession for a term. Smith argued the deed amounted to an agreement to create a license only.
Smith executed a deed which ostensibly gave Radiach a licence to use certain premises. Radiach argued that the deed was in fact a lease as opposed to a mere licence, despite the fact that the deed used the words ‘licence’ etc as opposed to ‘lease’ etc. Legal issues. Leases – Introduction -.
10/25/2015 · Radaich v Smith; 7 Sep 1959. References: (1959) 101 CLR 209, Links: Austlii Coram: Justice Windeyer … By seeing whether the grantee was given a legal right of exclusive possession of the land for a term or from year to year or for a life or lives . . A right of exclusive possession is secured by the right of a lessee to maintain ejectment and …
Radaich argued she held a lease in substance even though the agreement was labelled a license, because it effectively amounted to a right to exclusive possession for a term. Smith argued the deed amounted to an agreement to create a license only.
A lease involves a grant of the right of exclusive possession for a certain period of time as per Radaich v Smith where it was held that whether the transaction creates a lease or licence depends on the intention of the parties regarding what relationship the lessee shall have to the land.
