Waldon v Rostrevor Estate Limited (In Liquidation) [1926] HCA 29

280 HIGH COURT [1926,

(HIGH COURT OF AUSTRALIA.}

WALDON a = s * : i js 5 APPELLANT; Partie, -

AND

THE ROSTREVOR ESTATE LIMITED ) ' (IN LIQUIDATION) AND OTHERS 5 ~ REs?0NDE DEFENDANTS,

ON APPEAL FROM THE SUPREME COURT OF SOUTH AUSTRALIA.

H.C. or A. Vendor and Purchaser—Contract of sale—Specific performance—Damages for breach 1926. of contract—Condition for resale on non-payment of balance of purchase-money ew without prejudice to other remedies—Judgment recovered for amount of balance—

Apunaipg, Execution unsatisfied —Subsequent resale—Validity of resale—Unreasonable delay.

Sept. 23, rs oe

By an agreement in writing the appellant agreed to purchase from the Knox 0. respondent company certain land, the balance of the purchase-money being Sake I), payable on a fixed day. One of the conditions of the contract was that if the

balance of the purchase-money was not paid on the due date, the company might, without prejudice to any other remedy it might have, resell the land and either recover any deficiency from the appellant or retain any surplus, as the case might be. The appellant having failed to pay the balance of purchase-money on the due date, the company sued the appellant and recovered _ judgment against him for the amount due. Execution issued on the judgment was returned unsatisfied. Five months after the judgment was recovered the company resold the land, In an action by the appellant for specific perform- ance of the agreement or in the alternative for damages for breach thereof,

Held, by Knox C.J., Isaacs and Starke JJ., that the appellant was not entitled

to succeed : By Knox C.J., on the ground that the delay by the appellant after the judgment against him was so unreasonable as to disentitle him to relief;

38: C.L.R.] OF AUSTRALIA.

4 By Isaacs and Starke JJ., on the ground that the resale was within the authority conferred on the company by the condition for resale.