ANAGNOSTOU AND OTHERS V. BROWN

IN THE HIGH COURT OF AUSTRALIA

REASONS FOR JUDGMENT

Sydney Friday 23rd May 1969

Judgment delivered at

on.....

A. G. Beans, Gavarnmant Pinter, Maltausae, sore

ANAGNOSTOU_AND_ ORS.

Appeal dismissed with costs.

ANAGNOSTOU AND ORS.

JUDGMENT MENZIES J. WINDEYER J. OWEN J.

ANAGNOSTOU AND ORS. Ve :

BROWN

Upon proceedings by way of originating summons Helsham A.J. made a declaration that the plaintiff therein - the present respondent - had, on the 6th day of June, 1967, effectively exercised an option granted to her by the defendants thereto - the present appellants - to purchase the property known as No. 83 Nicholson Street, St. Leonards.

The option was in the following terms:

"AGREEMENT made the Sixth day of June, 1967, BETWEEN Leonidas Anagnostou, John Anagnostou and Evangelos Anagnostou, herein called "THE GRANTORS" and Miss Joan Margaret Brown, 148 Pacific Highway, Roseville, herein called "THE GRANTEE", WHEREBY IT IS AGREED that in consideration of the sum of One hundred Dollars ($100.00) paid by the Grantee to the Grantors (the receipt whereof the Grantors hereby acknowledge) the Grantors HEREBY GRANT to the Grantee or her nominees a sole and exclusive Option up to and including 30th June, 1967, to purchase the property known as 83 Nicholson Street, St. Leonards, for the sum of Fourteen Thousand Five Hundred and Twenty Dollars ($14,520.00), Deposit of $1,452.00 to be paid to the Estate Agent hereinafter named within seven (7) days of exercise of Option. Balance $12,968.00 to be paid on Completion. This Option is to be exercised by notice in writing signed by or on behalf of the Grantee or by any nominee of the Grantee and addressed to the Grantors and or their agent delivered to them personally or posted in a prepaid envelope addressed to their known place of address on or before the 30th June, 1967 next and in the event of the same being so exercised the Grantors will sell the said property to the Grantee or to such nominee for the price and on the terms above stated AND If IS HEREBY AGREED that the conditions of sale shall be those contained in the printed form of conditions of sale for the time approved by the Real Estate Institute of New South Wales together with such special conditions (if any) as appear hereunder with provision for adjustment of rates and Vacant Possession, on Completion, and settlement to be effected within eight (8) weeks from 30th June, 1967.