High Court of Australia
ORIGINAL" -
IN THE HIGH COURT OF AUSTRALIA
.. SYDNEY... PINCOMBE. PTY. LIMITED.
REASONS FOR JUDGMENT
Judgment delivered at Sydney
on._Thursday, 23rd April, 1953.
.12980/45
SYDNEY PINCOMBE PTY. LIMITED
v.
CAMPBELL & ORS
ORDER
Appeal dismissed with costs.
SYDNEY PINCOMBE PTY, LIMITED
CAMPBELL & ORS
DIXON C. J. JUDGMENT (ORAL) Hou E pa TIEENAN J. FULLAGAR J.
TAYLOR J."
SYDNEY PINCOMBE PTY. LIMITED ve.
CAMPBELL & ORS
JUDGMENT (ORAL)
DIXON C.J. This is an appeal from a decree in a suit for specific performance by which the suit was dismissed.
The contract it was sought to enforce was one made, as it is alleged, by the plaintiff Company with three gentlemen Mr. A. E. Campbell, Mr. L. J. . Richardson and Mr. Edmond Read.
The property which is the subject of the alleged contract consists of a city building, Nos. 44-48 Hunter Street. For some years the plaintiff Company has been a tenant of . portion of that building. They occupy the ground floor of No. 48 and they occupy the first floors of Nos. 44, 46 and 48.
The gentleman with whom they have dealt in the matter of the collection of rent, in the matter of repairs and in other matters relating to the tenancy, is a Mr. Bruce Smith.
It appears that the building forms part of the estate of William Barnard Walford deceased; the estate includes @ large number of other city properties.
It appears sufficiently clearly that in the administration of that estate a situation had arisen in which a@ number of beneficiaries were entitled as co-owners to an interest in possession in the various lands. They therefore fall within section 666 of the Conveyancing Act. An application was made under that provision and on 15th January, 1952 an
order was made by which the then Trustees were to retire and
the three gentlemen whom I have named were made trustees for
the purpose of the statutory trusts under the section. The order which was made included the following provision :
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