Patti v Belfiore [1958] HCA 29

H.C. or A. Vendor and purchaser—Sale of land subject to consent of statutory board—Board

'Taylor JJ.

PATTI AND OTHERS . 4 : js APPELLANTS PLaINTIFFs, Z AND BELFIORE . 3 4 % 4 RESPONDEN DEFENDANT,

HIGH COURT 19:

[HIGH COURT OF AUSTRALIA.]

ON APPEAL FROM THE SUPREME COURT OF QUEENSLAND.

to refuse consent unless satisfied price " unfair and unreasonable "—Contrad term providing for events of board refusing approval, withholding appro beyond three months of date of application and refusing consent on grounds th price high or appears to be high—T'ransaction " not approved price app high" —Renewal of application for consent—Approval subsequently give Claim by vendor that contract no longer binding—Meaning of ' refuse" as in contract—Final and definite refusal contemplated—Prior intimation of boar attitude not such a refusal—Specific performance at suit of purchasers.

On 22nd December 1955 P. entered into a contract for the purchase frot B. of the latter's sugar cane farming property at Home Hill, Queensland, fo the sum of £12,500. Clause 3 of the contract of sale provided: " The action hereby evidenced is subject to the consent of the Central Sugar C Prices Board and in the event of such approval being refused or if the shall be withheld for a period exceeding three months from the date on whit application shall have been made therefor then and in any such case the tran action hereby evidenced shall be abandoned and the said deposit refunded the purchasers." Clause 9 provided: " Notwithstanding anything h contained if the Central Board shall refuse its consent as aforesaid on th ground that the purchase price is high or appears to be high then and in ai such case the vendor shall offer to sell the property hereby agreed to be to the purchasers at such price as the Central Board will approve and if purchasers shall accept such offer then the vendors shall execute all further documents as shall be necessary to fully effectuate the sale consequ upon such acceptance provided always that the vendor will not under circumstances sell the said property to any other person or persons within period of one year from the date hereof unless he shall have first d same to the purchasers at the same price and on the same conditions would sell to such other person or persons and the purchasers shall