Marsh v Williams [1907] HCA 10

OF AUSTRALIA. 1457

[HIGH COURT OF AUSTRALIA.]

APPELLANT 3

AND

fs 2 . RESPONDENT.

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

ri H.C. or A. fon-residential conditional purchase — Price to be paid by applicant — —~ ygq7, i —— By the provisions of secs. 26 and 35 of the Crown Lands Act 1884 the age jeant for a conditional purchase under that Act must pay to the Crown 4?7# 17, 18. Agent a deposit of two shillings per acre with his application, and, if ¢ mtn c, ti

1is application is confirmed by the Land Board, must, at the expiration of Cte years from its confirmation, pay an instalment on the purchase at the — Higgins JJ.

of one shilling per acre and "a like instalment annually during a period

until the balance of seventeen shillings per acre together with interest"

paid. Certain conditions, including that of residence by the applicant, are

tached to conditional purchases in general. Sec. 47 provides that Crown

'open to conditional purchase may be applied for and held without con-

ns of residence, but subject to more onerous conditions and of a lesser area

n in the case of ordinary conditional purchases ; and by sub-see. (iii.) *« the

osit and all subsequent instalments shall be double those respectively

bed on ordinary conditional purchases and 'shall be paid to the like

and at the like periods."

of meaning that the total price was to be the same as in the case of conditional purchases, the deposits and instalments being merely d in amount, and the period over which the latter extended thereby

H.C. or A,

1907. i

Mars v. Witrams.

HIGH COURT

shortened, the intention of the legislature, plainly expressed on the f the Statute, to discourage rather than to encourage conditional p without residence, justified the Court in following the decision of the Court in Walker v. Walker, (1901) 1 S.R. (N.S. W.), 70, and in constr sub-section as imposing an obligation upon applicants for such holdings to the same number of periodical instalments as would be necessary in the of conditionally purchased land subject to the condition of residence, corresponding intervals, and, therefore, in the end, to pay double the