Morrison v Federal Commissioner of Land Tax [1914] HCA 10

17 C.L.R.J OF AUSTRALIA.

a clear introductory recital explaining what was intended to be done. But, so far as the recitals go, there is no hint that the parties were about to remodel what was treated as the statutory position. The nearest approach to such a hint is the recital of a power of sale in the trustees of Jenkins's will, but it is significant that the conveyance does not purport to be an exercise of the power, If the intention was to extinguish the possibility of reverter, this intention has to be gathered from the operative part of the deed, The words of the conveyance are usual words in New South Wales in an ordinary conveyance operating under sec. 32 of the Conveyancing and Low of Property Act 1898,

The words purporting to convey the land to "the Company, its successors and assigns for ever according to the true intent and meaning of the hereinbefore recited Act" are apparently taken from Schedule A to the Lands Clauses Consolidation Act 1845, where by virtue of sec. 81 of that Act they have a special statutory force. The words in this deed must be read together. They are not apt words to show an intention to extinguish the possibility of reverter. On the contrary, they are reasonably appropriate words if the conveyance was made for the purpose of confirming the parliamentary title which the parties believed to be vested in the Company, and in pursuance of what we are informed is a usual practice in New South Wales where lands ave taken under a parliamentary title for the construction of railways.

These considerations are sufficient to justify the decision of Street J., and to dispose of the appeal.

Appeal dismissed with costs. Solicitor, for the appellant, J. V. Tillett, Crown Solicitor for New South Wales. Solicitors, for the respondents, Abbott, Tout & Balcombe.