Davies v Littlejohn [1923] HCA 64

174 HIGH COURT {19

H.C. oF A. has been increased in value by such improvements ; (4) 1 os defendant abandoning an account of the rents and proj Brown received by the plaintiff, an annual value by way pipes occupation rent to be set on the premises whereof the plaintiff has been in actual oceupation. Case remitted to the Supreme Court to enter judgment upon the resul of these accounts and inquiries according to law. Otherwise judgment affirmed. The appellant to pay the respondent one half of the costs of this appeal. Solicitor for the appellant, Joseph Barnett. Dist ag PP ea Py Solicitors for the respondent, Loughrey & Douglas. ie iw {ea oa (aye, LR 619 R687 an Dt

(HIGH COURT OF AUSTRALIA.)

DAVIES AND OTHERS . . : . . APPELLANTS Drrenpants,

AND

LITTLEJOHN AND OTHERS . . . _ . RESPONDENTS. Praintirr AND DEFENDANTS,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

H.C. or A, Will—Construction—Direction to pay " charges or encumbrances "—Conditional 1923. purchased land in New South Wales—Unpaid instalments of purchase-money— She Vendor's lien—Crown Lands Consolidation Act 1913 (N.S.W.) (No. 7 of 1913),

Sypvey, secs. 6, 38, 40, 44, 45, 47, 48, 51, 53-56, 150, 154, 181, 206, 259-261, 270, 272.

Dec. 5, 6, 20.

Held, that in respect of land conditionally purchased pursuant to the Crown

Knox C4 Lands Consolidation Act 1913 (N.S.W.) and the Acts thereby consolidated, the Higgins JJ. Crown has not a vendor's lien for the instalments of purchase-money not yet

34 C.L.R.] OF AUSTRALIA.

due, nor are such instalments a charge or encumbrance on the land or the H.C. of A.

interest therein of the conditional purchaser. 1 Brett v. Hamilton, (1900) 21 N.S.W.L.R. (Eq.) 84, overruled. D. AVIES By his will a testator directed his trustees, until the "charges or encum- taker

brances " on his station properties should be entirely liquidated, to appropriate the income of his residuary estate towards payment of those charges or encumbrances.