High Court of Australia
Cons Agni Apel Dist Wilson In- Cong Appl Cons Cons Appl CoN an femational v" "Meehan y r Garms y ey 'Mimor Pty Ltd feces' ime ere Fie Gees Lane (Stila Fema inn Foti] ERTHCR Pepin Py Us jarking (Ol ae 1? 265 Board iy 43 600
87 C.L.R.] OF AUSTRALIA. 267
(HIGH COURT OF AUSTRALIA.] BUTTS AND ANOTHER z E & § APPELLANTS ; DEFENDANTS, AND ODWYER AND ANOTHER . ' 3 . ReEsponDENTs.
PLAINTIFF AND DEFENDANT,
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
Crown Lands—Transfer inter vivos—Lease—Registration—Absence of Minister's H. C0. or A.
consent—Validity—Operation as agreement for lease—Implied term to obtain consent—Part of term of lease—Quaere, executory—Availability of consent— Option to purchase—Exercise—Construction—Validity until consent obtained — Specific performance—Crown Lands Consolidation Act 1913-1952 (Act No. 7 of 1913—Act No. 44 of 1952) (N.S.W.), s. 272.
By a document in the form of a memorandum of lease under the provisions of the Real Property Act 1900-1940 (N.S.W.), which was not registered, T.B. purported to lease to O., for a term of five years, land registered under the provisions of that Act, which was also subject to s. 272 of the Crown Lands Consolidation Act 1913-1952 (N.S.W.). That section invalidated, with certain exceptions, a sale or lease of land subject to the section without the consent of the Mi exercisable by notice in writing within two calendar months from the date of the expiration of the term " provided that in the event of the death of the lessor prior to the expiration hereof then the lessee shall forthwith have the
ister for Lands. 'Tho document contained an option to purchase
right to exercise the option". The Minister's consent had not been obtained either to the leasing or sale of the land. 0. went into possession of the land in March 1949. T.B. died in May 1949. By notice in writing given to T.B.'s executors in April 1951, O. purported to exercise the option, A writ of habere facias was issued on a judgment in ejectment obtained in September 1951, by T.B.'s executors after a suit in equity had been commenced by O. in which he sought specific performance of the terms of the memorandum of lease as an agreement for a lease, and of the contract for sale of the land
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate