ie q j 2 Maza CROZLEK Vv _maNSUL KNOX Cede GAVAN DUFFY J. wlcH J. This is an appeal from an order made by crisp J. In thie case the parties signed the fol) owing dooument; LPL. Ui, PUNCH Mie). VORUN toiled. Crozier or tis nominee till 3let. may 1921. 1 sgree to 611 wt. Vernon complete in #11 conprising approximately 480 acres more or less. £25,4UW. ; wt. Vernon house including approximately 25. acres Upper iiace- course white Janke. #ront of house to Fioton estimated at 1W acres. I : agree tO rent from the purchesers for i460 per annum from let. ikerch for two years sey until lst. December 1922, Uutbuildings to be apportioned mutually between ur taking into ac:ount each person's requirements. Purchasers give and have free aceess to all property. Possession forthwith say lst. march 1921. Live stock to be taken at valuation on option to be mutually agreed. Terms of purchase are as shown on attached slip. This compriees the slip referred to on Fage 1. siansell accepts as fiullows as purchuse price. 3, UU shares in @sii. Paxton Co. Ltd. of nawkhay Qld. iverchants. bhare valuations to be assets value approved by aAuditots of Company of Paxton & Coe Ltd. Troup Harwood & Cu. Ltd. Davey Street property (known as Vitzgeralds) £3500 -:-' substantiated by land valuation by competent land valucr. Sash within 12 months £35uu, balance to be in War Loans 6% at face value, or serip and th~ like euch as land. . The. mortgage of 4U,UWU0U at present current witn Perpetual Trustee Joy. tc be taken over by the purchasers. I hereby agree to approve or otherwise of Davey st. property by konday 26 ¥ebruary 1921. To sowplete the above option bhe scller agrees and tiereby acoepts the sun of Ji whien forms the basis of the option monry Dated at welton Mowbray this 26th. February l1jae (egd) andrew w. naneal "Leslie J. Crozier (2) in pursuance of Giis und-resemding the respondent conveyed the properties mentioned in this document to a nominee of the appellant. wbome delay ocourred in respect of the transfer and registra: tion of the sheres in j.H. Paxton . go. Ltd. and the respondent ultimatel) took cut a summons under section Y of the Vendor & Purchaser Act 1895 claiming that as default had been made in the punctual production of a transfer and valuation of tnese shares ho was entitled to be paid the sum of 58250 in cash instead of such siiares. The learned Judge thought that the respondent was entitled to have thie sum and ordered its payment by the app llant and directed tha on such payment the shares which had in the meantime been transferred to and registered in the name of th respondent should be retransferred to thi appellant. ¥rom that order this appeal is made. The questiog arose whether the cane came within section 35 of the Judiciary Act but it is unnecessary further to discuss that matter as the appellant asked for special leave to appeal which we propose to give him the respondent consenting to that course being taken, In our opinion the respondent was not entitled to this paymmt. even if the de- fault by the app-Llant which he alleges in fact occurred. He is entitled to no more than he has bargained for viz. the shares which have been certified as of the full value of £8250. If he hae suffered any damage by delay or other breach of cuntract he is entitled to be compensated for that damage in an action brought for that purposs against the party responsible but he has not asked for nor ould he obtain such compensation in these proceedings. : in the present proceeding the appellant was assumed in the Court below to be the party liable to the respondent for any default on paymmt.of the stipulated price, in view of the opinion we have expressed it is unnecessary fpr us to say whether he or his nominee is the party liable