GEISSMANN V. YOUNGMAN

IN THE HIGH COURT OF AUSTRALIA

REASONS FOR JUDGMENT

Judgment delivered at... S¥aney...... w. M. Houston, Govt Print, Melb. . on... buesday.,..20th. December...1.960....

©.1078/88

GEISSMANN v. YOUNGMAN

ORDER

Appeal dismissed with costs.

GEISSMANN v. YOUNGMAN

JUDGMENT FULLAGAR J. KiTTO J. TAYLOR J.

GEISSMANN v. YOUNGMAN

This is an appeal from an order of the Supreme Court of Queensland by which, at the suit of the respondent, the Court decreed specific performance of a written contract of sale made between the respondent as purchaser and the appellant as vendor. The subject property was approximately 108 acres of farming land, together with certain improvements, situated at North Tamborine and the purchase price specified in the contract was £6,800. This sum was payable as to £1,000 thereof by way of deposit and the balance "within thirty (30) days from date hereof in exchange for possession of the property, a Memorandum of Transfer thereof, duly signed by the vendor in favour of the purchaser or his Nominee". By cl. 19 possession of the property was to "be given not later than 22nd May 1959" and by the succeeding clause time was "in every respect" deemed to be of the essence of the contract. It should be said at this stage that the contract bore the date, 4th May 1959, and the dispute between the parties was concerned with the question whether in the circumstances hereinafter related the respondent had by the 25th May 1959 made default in payment of the balance of the purchase money and whether the appellant became entitled, on that account, to rescind the contract and forfeit the deposit. Clearly enough, if nothing more appeared, it might readily be concluded that the time for payment of the balance of the purchase money did not expire until the 3rd June 1959 but the argument was advanced on behalf of the appellant that