Malvern v Batchelder [1931] HCA 52

45 C.L.R.] OF AUSTRALIA. 573

(HIGH COURT OF AUSTRALIA.}

CITY OF MALVERN . £ ¥ i 3 . APPELLANT; PLAINTIFF, AND MePATCHELDER. . . . . . RESPONDENT. DEFENDANT,

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

Local Government (Vict.)—Streets and roads—Road-making charges—Subdivision of jy (. oy A.

Pee Se ey

land—Part acquired by municipality—Roads adjacent to—Cost of construction— 193),

By whom to be borne—Agreement between vendor and municipality—Construction— Ww Whether liability imposed on vendor or transferees in favour of municipality— M»tBouRNe, Local Government Act 1915 ( Viet.) (No. 2686), Part XVIII., Div. 11. Oct. 16, 19;

Dec. 23. The respondent subdivided certain land of which she was the owner into ~~

allotments for sale. The subdivision involved setting out three new streets poh, ee on the land. An area of the land amounting to about seven acres was pur- and Cee chased by the appellant municipality for £250, and a contract comprising the 5 following term was executed :—" (10) The land is sold subject to the express

condition that all charges for road-making in respect of the streets or roads

delineated and coloured brown on the plan hereto annexed " (being the three

streets above mentioned) " are to be borne by the vendor her executors adminis-

trators or transferees and that the vendor her executors or administrators will

at all times hereafter keep indemnified the purchaser and its transferees against

all such charges and will not at any time hereafter enter into or sign or authorize

to be signed any contract which shall not contain a clause binding the purchaser

or purchasers from the vendor her executors or administrators of lands abutting

'on the said streets or roads or any of them to keep indemnified the purchaser

under the contract and its transferees against all such charges." A scheme of road.