Maynard v Goode [1926] HCA 4

OF AUSTRALIA. 529

(HIGH COURT OF AUSTRALIA.]

5 0 a m i i ja . APPELLANT;

AND

GOODE AND ANOTHER . . . ..__.. RusponpEnrs. Prartirr AND DEFENDANT,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

or and Purchaser—Contract of sale—Specific performance—Conditions precedent 1. C. or A. - or subsequent—Waiver—Time essence of contract—Performance within reasonable 1995-1926. time—Readiness and willingness.

G. and his sons, one of whom was an infant, held a block of land under the a ae 'ov. 9, 10,

provisions of the Closer Settlement Acts (N.8.W.). They could not acquire "1995.4 pny other land under those Acts except with the consent of the Minister for Lands; 9, 1926. and in order to enable them to obtain that consent it was necessary for them to divest themselves of their interest in the block which they then held. G., _ having entered into an agreement to sell that block to A., on Ist February 1924 agreed to purchase from C. another block of land under those Acts upon _ the terms :—" That the Department postpones two rents of £211 16s. 10d. each until the end of the term of money due to Crown. And providing that the transfer of purchaser's block goes through in reasonable time." The 'contract also provided that possession should be given on 7th March 1924, _ In February 1924 C, repudiated the contract of Ist February 1924 and entered - into an agreement to sell the same block to M. On 23rd May 1924, G.'s infant "son having then attained his majority, the transfer to A. of the block sold to him by G. was executed and on 22nd July 1924 was finally completed by registration, In a suit by G. against C. and M., commenced on 19th May 1924, for specific performance of the agreement of Ist February 1924,

Held, (1) that the stipulation in the contract relating to the postponement _ of payment of rent was for the benefit of C. and might be and had been waived by him ; (2) that the stipulation relating to the transfer of G.'s block going VOL, XXXVII. BE