WALKER V OLDHAM & OTHERS

tell Bs RO EY

IN-THE HIGH COURT OF

WALKER

OLDHAM & OTHERS.

REASONS FOR JUDGMENT.

on__Thursday, 22nd April, 1948,

40358 A. HL Pertiren, Acrixe Govt. Pune,

Esine

ce]

WALKER v. . OLDHAM & OTHERS.

LATHAM C.J.

SONS

This is an appeal in a purchasers' suit for specific performance of a contract for the purchase of land. The contract was made on the 9th November 1945 and it .contained this provision:- "The sale is subject to the consent of the Delegate to the Treasurer pursuant to National Security (Ecomomic Organisation) Regulations. In the event of such consent being refused the deposit paid shall be refunded to the purchasers and there- after this contract shall be null and void". The National Security (Economic Organisation) Regulations contain _— in regulation 6 a prohibition on certain transactions in these terms:- . "Except as provided by this Part, a person shall not, without the consent in writing of the Treasurer -- (a) purchase any land", Regulation 6 (10) provides:- 'Where a transaction prohibited by this regulation has been

entered into subject to the consent of the Treasurer thereto

being obtained, the transaction shall be deemed not,to have been entered into in contravention of this regulation it" an application for the consent of the Treasurer is made within three months after the date of the transaction, but the transaction shall not have any effect unless the Treasurer gives his consent thereto". To those words were added in the month of December 1946 these words by way of amendment:- "within a period of six months after the date of the transaction" or within such other period as is agreed to in the manner stated in the

sub-regulation.

His Honour Mr. Justice Roper held that this amendwent applied to this case and that as the consent of the Treasurer had not been given within the specified time, and it was impossible for him to give it within the specified time, the contract was determined and therefore