High Court of Australia
216 HIGH COURT ie
H.C. or A. to the value of the land as at the date that it was acquired without are purchase by the owner—the taxpayer ; that is to say, in 1890. j
Questions answered : (1) No; (2) At the date the lands were purchased by George Cumming.
SIONER OF TAXATION. Solicitors for the appellant, Blake & Riggall. es Solicitor for the respondent, Gordon H. Castle, Crown Solicitor for n 11984] the Commonwealth. Foll Bulg Wak 7 2 Foll Re BRED Fol FRattoy Trifid td (16 SLR Fpl ia de Krew Zealand warty HIGH COURT OF AUSTRALIA. TOS ALR 285 (HIGH Cou! 3 al ta 9 ca COONEY q tee e (OONEY . 5 . E " 3 . APPELLANT; Wah es DEFENDANT, Refd to Halloran v U1S85\os AND /GERA 405, BUR) RESPONDENT. PLAINTIFF, ' ON APPEAL FROM THE SUPREME COURT OF VICTORIA. H. C. or A. 1992, Contract—Specific performance—Part performance—Contract signed by agent— a Authority of agent not in writing—A pplication of doctrine of part performance— Metuourne, What constitutes part performance—Sale of lease of hotel—Lease handed to pur- Feb. 24, 27, chasers solicitor—Preparation of transfer—Instruments Act 1915 (Viet.) (No. 28; Mar. 1. ), secs, 228, 229-—Statute of Frauds (29 Car. IT. ¢. 3), sec. 4. za Sypwey, Sec. 228 of the Jnstruments Act 1915 (Viet.) re-enacts see. 4 of the Statute of April 24, Frauds. Sec. 229 provides that "Notwithstanding anything in this Act uray contained no aetion shall be brought upon any contract or sale of lands tene: Isaacs, Higgins, ments or hereditaments or any interest in or concerning them if the agreement
Gavan Daffy a 5 ' po andStarkeJJ, or the memorandum or note thereof on which such action is brought is
30 C.L.R.) OF AUSTRALIA.
signed by any person other than the party to be cl such person so signing be thereunto lawfully autho the party to be so charged."
d in writing signed by
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