Wossidlo v Catt [1934] HCA 52

OF AUSTRALIA. 301

(HIGH COURT OF AUSTRALIA.]

~WOSSIDLO . " i , ] 2 . APPELLANT ;

AND

CATT AND ANOTHER : 5 r " . ResponpEnts.

ON APPEAL FROM THE SUPREME COURT OF SOUTH AUSTRALIA,

and Purchaser—Vendor's lien—Transfer of land—Consideration covenant to, 0, or A. pay annuity—Intention of annuitant—Reliance upon covenant—Exclusion of 1934, lien. ess) ADELAIDE,

An indenture made between W. and C. recited that W. had requested C. to 'eye ct. 4.

purehase from W. certain personal property and two pieces of land, and, as (Ot $ consideration for the sale, to pay the respective sums and annuity thereinafter Sypyey, covenanted to be paid, and to execute the said indenture for securing payment Nov, 30. thereof, which C. had agreed to do. By the indenture C. covenanted to pay = certain sums in cash as the full purchase money for the personal property, and, Dixon and" as consideration for the sale of the land, to pay W. an annuity during her life. M°Ternan JJ. time, By a transfer bearing the same date, and subsequently registered, W.

transferred the land to C. in consideration of his " having by deed of covenant

bearing even date herewith covenanted with me to pay to me during my life-

timean annuity of . . ." C,made the cash payments which were expressed

to be the consideration for the sale of the personal property, and, so long as

he lived, the annuity was duly paid. C, re-sold one of the pieces of land, but

at his death, which occurred later, he was still the registered proprietor of the

remaining piece of land. After his death payment of the annuity fell into

arrear.

Held that W. must be taken to have intended to rely on a personal covenant. for payment of the annuity, and that she had no lien on the unsold piece of land for the unpaid portion of the annuity.

Mackreth v. Symmons, (1808) 15 Ves. Jun. 329; 33 E.R. 778, applied.