Hall v Job [1952] HCA 57

High Court of Australia Dixon C.J. McTiernan, Webb, Fullagar and Kitto JJ. Hall v Job [1952] HCA 57

ORDER Appeal dismissed with costs.

Cur. adv. vult.

The Court delivered the following written judgment:—

Oct. 30 Dixon C.J., McTiernan, Webb, Fullagar and Kitto JJ.

This is an appeal from a decree of the Supreme Court of New South Wales (Roper C.J. in Eq.) dismissing a suit in which twelve persons, who in 1934 were members of the Loyal Orange Lodge No. 98 Parkes, were the plaintiffs, and the trustees of certain land in Browne Street, Parkes, the trustees of the Grand Lodge of the Loyal Orange Institution of New South Wales, and the Registrar-General of New South Wales were the defendants. The object of the suit was to establish that when the Parkes Lodge became defunct, as it did in 1934 or at the latest in March 1935, the persons who then were the members of that Lodge became beneficially entitled to the land in equal shares.

The Parkes Lodge was a subordinate Lodge of the Loyal Orange Institution of New South Wales, which is an unincorporated association formed some time before 1875. The Institution is governed by rules and regulations which had been altered from time to time. Reference will be made to the provisions adopted in 1928, which were in force at all times with which we are concerned. The Institution is not governed by any statutory provisions affecting the questions which arise for decision.

In or about 1927, the land now in question, upon which there was a small hall, was purchased in the names of five persons who became the registered proprietors as joint tenants of an estate in fee simple therein under the provisions of the Real Property Act, 1900 N.S.W.. It is admitted on the pleadings that the whole of the purchase money was paid by the Parkes Lodge. On 20th June 1929, the registered proprietors executed a declaration of trust reciting that the purchase money had been so paid, and that they had become possessed of the land merely as trustees for the Parkes Lodge "to be dealt with as directed by the members of the said Lodge from time to time"; and they thereby declared that they would thenceforth stand seised and possessed of the land "upon trust for the said Lodge and the Members thereof for the time being and to be sold leased mortgaged or otherwise dealt with as the said Lodge and the Members thereof for the time being shall from time to time direct."