Pakenham Upper Fruit Company Limited v Crosby [1924] HCA 55

Bist Patrick Ops No2 Lid Unon of ust

RARER

386 HIGH COURT [HIGH COURT OF AUSTRALIA.] PAKENHAM UPPER FRUIT COMPANY } .PPELLANT LIMITED . . 5 i i PLaINtIFr, AND CROSBY . : : F : . REespoNDENT. DEFENDANT, ON APPEAL FROM THE SUPREME COURT OF VICTORIA. H.C. or A. Specific Performance—Company—Articles of association—Agreement by member { 1924. deliver produce to company—Injunction—Discretion of Court. - baat By the articles of association of a company whose business was, i mead other things, to market the fruit grown by its members, it was provided peti each member should deliver to the company at one of its packing sheds 95 Sypmzy, cent of his fruit immediately after each variety thereof should be Dec. 15, suitable and fit for harvesting or picking but not later than a certain d - in each year. Knox C.J., : = a . : & Tanah, Held, that, assuming that an obligation in those terms was imposed on: 'Richand-' member of the company, it was not one in respect of which the Court Starke JJ.

in the exercise of its discretion, at the instance of the company grant performance or an injunction.

Decision of the Supreme Court of Vietoria (Maefarlan J.) affirmed.

Appear from the Supreme Court of Victoria.

An action was brought by the Pakenham Upper Fruit Co. against George Fenwick Crosby in which by the indorsement on t writ the plaintiff claimed " an injunction to restrain the defe who is a shareholder of the plaintiff Company, from deliv

85 C.L.R.] OF AUSTRALIA.

any person, company or corporation other than the plaintiff, the H.C. or 4. defendant's crop of apples for the present season capable of being rr marketed and ready, suitable and fit for harvesting and/or picking Paxexnam and grown on his property known as Stratton Vale to the extent tia of 95 per cent of the said crop," and " specific performance by the re defendant of his agreement with the plaintiff Company to deliver Crospy. to the plaintiff Company 95 per cent of his fruit crop of apples for