Reid v Moreland Timber Company Pty Ltd [1946] HCA 48

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REPORTS OF CAS

DETERMINED IN THE

HIGH COURT OF AUSTRALIA

[HIGH COURT OF AUSTRALIA.]

REID . 3 ' 3 i 3 4 is APPELLANT ; DEFENDANT,

AND

MORELAND TIMBER COMPANY PROPRIE- TARY LIMITED AND OTHERS PLAINTIFFS,

\ RuEsPonpENTS.

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

Real Property—Profit a prendre—Licence coupled with interest—Agreement for sale H. C. or A.

of sawmilling business and of right to cut and remove timber on and from vendor's 1946, land—Right of purchaser, whether exclusive. YH iLBOURNE, An agreement between R. and G. was expressed as an agreement that R, ™ zs e a would sell to G. (a) the goodwill of R.'s sawmilling business, (b) R.'s interest 2° *

in the lease of the premises on which the business was conducted, (c) the licence held by R. under the Forests Act 1928 (Vic.) to cut timber on certain Crown land (it being a condition of the agreement that the consent of the

Latham C.J, Starke, Dixon, - ' a ' Tiernan and of the business, and "(e) the right to cut timber and remove same on and from — Williams JJ.

the vendor's private area of 201 acres or thereabouts adjoining " the Crown

Forests Commission to the transfer of the licence be obtained), (d) the plant

land mentioned in clause (c). The agreement provided that the consideration for the sale should be £800. In addition, G. undertook "to pay monthly the sum of Is. 4d. per 100 super feet over the saw for all timber cut on the said private area," and it was provided that " possession of the said business plant and areas shall be given and taken on payment of the . . . purchase

money."

H. C. or A.

HIGH COURT [1946.

Held, by Starke, Dizon and MeTiernan JJ. (Latham .J. and Williams 5. dissenting), that the agreement, by clause (e), conferred on G. in respect of the " private area" the exclusive right to cut and remove timber.