High Court of Australia
112 HIGH COURT [1923.
(HIGH COURT OF AUSTRALIA.]
THE ATTORNEY-GENERAL FOR NEW SOUTH WALES cle See PLAINTIFF,
} APPELLANT ;
AND
HILL & HALLS LIMITED . ; é . RESPONDENT. DerenDANtT,
ON APPEAL FROM THE SUPREME COURT OF Die, NEW SOUTH WALES. b
H.C. oF A. Liens on Crops—Registration—Advances by two parties on same crop—Priority—
1923. Whether according to execution or according to registration—Liens on Crops ww Wool and Stock Mortgages Act 1898 (N.S.W.) (No. 7 of 1898), secs. 4, 5, SyDNEY, 10—Registration of Deeds Act 1897 (N.S.W.) (No. 22 of 1897), secs, 3, 6, 12. April 18, 19. ree Seo. 4 of the Liens on Crops and Wool and Stock Mortgages Act 1898 (N.S.W.)
Mexnournr, _ provides that "In all cases where any person makes any bona fide advance of _ May 28. money or goods to any holder of land on condition of receiving as security for the same the growing crop or crops of agricultural or horticultural produce on Knox C.J., . ray Isaacs, Higgins, any such land, and where the agreement relating to such security is made in — sets. the form or to the effect of the Second Schedule hereto, and purports on the —
face of it to have been made as security for such advance, and is duly registered — within thirty days after its date in the office of the Registrar-General in Sydney, — the person making such advance, whether before, at, or after the date of such agreement, shall have a preferable lien upon, and be entitled to the whole of such crop and the whole produce thereof, and possession thereof by the lienor shall be to all intents and purposes in the law the possession of the lienee, and when such advance is repaid with interest specified in such agree- ment the possession and property of such crop shall revert to and vest in the lienor."
Sec. 12 of the Registration of Deeds Act 1897 (N.S.W.) provides that "(t.) All instruments (wills excepted) affecting any lands or hereditaments, or any other property, in New South Wales which are executed or made bona fide,
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