QUEENSLAND FORESTS LIMITED V. UNION TRUSTEE CO. OF AUSTRALIA LIMITED

IN THE HIGH COURT OF AUSTRALIA

UNION. TRUSTEE, CO. OF AUSTRALIA LIMITED.

4.2 Gourley, Gort, Print., Merb, 7103/81

QUEENSLAND FORESTS LIMITED

Ve

UNION TRUSTEE COMPANY OF AUSTRALIA LIMITED

ORDER

Appeal allowed with costs. Order of the Full Court of the Supreme Court of Queensland set aside, and in lieu thereof order that the appeal to that court be allowed with costs and that the order of Townley J. and the judgment entered pursuant thereto be set aside and that judgment in the consolidated action be entered for Queensland Forests Limited for the sum of £27312:10 (being the amount claimed by that company in action No. 246 of 195%) together with the costs of the action No. 246 of 1954, the costs of the action No. 1337 of 1953 subsequent to the entry of the final judgment already entered therein, and the costs of the consolidated action.

Further order that reserved costs (if any) be

Sek included in each awit" case.

QUEENSLAND FORESTS LINITED

UNION TRU:

IAL

HB COMPANY OF AU

QUEENSLAND FORESTS LIMITED

Ve

UNION PRUSTEE COMPANY OF AUSTRALIA LIMITED

This is an appeal from an order of the Full Court of the Supreme Court of Queensland affirming a judgment given by Townley J. at the trial of two actions which had been consolidated. In one action the present respondent sued, and in the other it was sued, as being the trustee of a certain deed made in 1927 between the appellant therein called the company and itself therein called the trustee. The purpose of the deed, as appears from its recitals, was to make provision for the protection of the purchasers of an issue of 18,000 bonds at £5 each, which the company was about to make as a means of obtaining the necessary financial resources to enable it to afforest an area of 3000 acres in the Johnstone River district of Northern Queensland.

The land was referred to as Section A, and the operations to be carried out included improving, regenerating, cultivating and preserving the indigenous trees on the land, and planting thereon trees of substantial commercial value, with a view to pulp-making, sawmilling and the sale and export of timber.