High Court of Australia
(Pau aor heaton Py Lidy
Intemational (1888) WA yes i
142 HIGH COURT [1946.
(HIGH COURT OF AUSTRALIA.]
DOUGAN é . : y i i ji . APPELLANT ; DEFENDANT, AND LEY AND ANOTHER 3 a ' ' . RESPONDENTS. PLAINTIFFS,
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
H.C. or A, Specific Performance—Tani-cab—Agreement for sale and purchase—Refusal of vendor to carry out agreement—Readiness and willingness of purchasers—Remedy
1946, — — Specific performance or damages—Want of mutuality—Statutory requirements Sypyey, —Registration—Licence—T'ranspurt Act 1930-1945 (N.S.W.) (No. 18 of 1930— March 28 ; No. 22 of 1945), 8. 171a (2), (3)—State Transport (Co-ordination) Act 1931-
April 8. 1945 (N.S.W.) (No. 32 of 1931—No. 22 of 1945), a. 17a (2).
Rich Stark, In New South Wales, as a result of the relevant legislation and the manner Merieran/and _in which the law with respect to the obtaining of registrations and the licensing WES of taxi-cabs is administered, the number of taxi-cabs which are so registered
and licensed is strictly limited, and, in addition, the number of taxi-cabs which are transferable, together with their respective registrations and licences, is constantly diminishing. The average price paid for the licences of registered taxi-cabs is £1,318.
Held that a contract for the sale and purchase of a registered and licensed taxi-cab is within the scope of the remedy of specific performance.
Under s. 1714 (2) (d) of the Transport Act 1930-1945 (N.S.W.) for each taxi- cab registration the Commissioner of Road Transport and Tramways shall grant one application for its transfer from the person holding it at a fixed date to an applicant who satisfies the Commissioner that he is a fit and proper
person to be the holder of a registration certificate of a taxi-cab and that he
will, if the application is granted, have the use, control and management of the vehicle to which the application relates. Section 17a (2) (d) of the State 'Transport (Co-ordination) Act 1931-1945 (N.S.W.) contains substantially the
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