Merwin Pastoral Company Pty Ltd v Moolpa Pastoral Company Pty Ltd [1933] HCA 31

tras = Strachan, 1 ARN?

8 C.L.R.J OF AUSTRALIA. 565

[HIGH COURT OF AUSTRALIA.]}

~ MERWIN PASTORAL COMPANY PRO- ) P PRIETARY LIMITED. . . . J

c

APPELLANT 3,

DrrenpDANt, AND ~MOOLPA PASTORAL COMPANY PRO-

PRIETARY LIMITED PLAINTIFF,

} ResponvEnv.

MOOLPA PASTORAL COMPANY PRO- }

PRIETARY LIMITED eet PLaIntIFr, ap -McKINDLAY AND ANOTHER. . . _ . ResponpeEnts. DEFENDANTS, ON APPEAL FROM THE SUPREME COURT OF HC onal VICTORIA. 1933.

Ww | Pri International Law—Contract—Sale of land—Land in New South Wales— Mernovunse,

Contract made in Vicloria—Personal obligation extinguished in New Sowlh May 31; Wales—Instalments of purchase money—Recovery—Proper law of contract— June fi 'The Constitution (63 & 64 Vict. c. 12), sec. 118—Moratorium Act 1930-1931 . ~~

Ss (N.S.W.) (No. 48 of 1930—No. 66 of 1931), secs. 11, 25. scm

Aug. 3. The plaintiff, a company incorporated in Victoria, whose principal office Rich, Starke

was situated in Victoria, by an agreement in writing made in Victoria, agreed Dixon, Evatt to sell a station property, together with chattels, in New South Wales to persons JJ. resident in New South Wales, as agents for a company to be formed. The

VoL. XLVI. 37

Merwin Pastoral 'Co. Pry. Lrp. v, Mootra Pastoral Co. Pry. Lrp.

Moorpa PasToRAL

Co. Pry. Lrp.

v. McKinptay.

HIGH COURT (1933.

proposed company was incorporated in Victoria. It adopted the contract, and was subsequently joined as defendant in an action in the Supreme Court of Victoria by the plaintiff company for instalments of purchase money and interest on the unpaid balance of purchase money. The plaintiff company and the defendant company were both registered in New South Wales for the purpose of carrying on business there. The contract of sale provided that it should be stamped, and it was in fact stamped in New South Wales. The purchase money was payable in Victoria.