Maine v Lyons [1913] HCA 5

15 C.L.B.] OF AUSTRALIA.

(HIGH COURT OF AUSTRALIA.}

MAINE AND ANOTHER 5 . F . APPELLANTS; PLAINTIFFS, AND LYONS . : " . a : 6 . RESPONDENT. DEFENDANT,

ON APPEAL FROM THE SUPREME COURT OF TASMANIA.

Practice—High Court—A ppeal from Supreme Court of State—Security for costs— Time for giving—Rules of the High Court 1911, Part II., Sec. IIZ., r. 12.

Contract—Sale of goods—Power of rescission—Condition subsequent—Impossibility of performance—Act of State—Sale of Goods Act 1896 (Tas.) (60 Vict. No. 14), sec, 2,

Security for costs of an appeal was lodged in the proper office of the High Court on the last day prescribed by the Appeal Rules, Sec. IIL., v. 12, for giving the same, but after the usual time for closing the office.

Held, that the rule had been complied with.

A contract for the sale of goods was subject to a power of rescission which was itself subject to a condition, the performance of which was rendered impossible by an event for which neither of the parties was responsible, viz., an act of State.

Held, that the contract was absolute.

Potatoes were purchased and delivered in Tasmania under a contract which provided that the acceptance of them was to be subject to their being passed by the Tasmanian inspector, and, if exported, by the inspector of the State of import, and that if there was a rejection of the whole or any part of the potatoes, notice thereof was to be given by the purchasers to the seller, and the sale as to such potatoes as were rejected was to be void. Disease was

H.C. oF A. 1913. _

Hopart,

Feb. 19, 20.

Griffith O.3., Barton and Isaacs JJ.

H. C. or A.

1913.

MAINE

Lyons.

HIGH COURT [1913.

then prevalent in Tasmanian potatoes. The purchasers, after obtaining the approval of the Tasmanian inspector, exported the potatoes to Victoria, but before they could be submitted to the inspector there, a proclamation by the Governor in Council of Victoria absolutely prohibited the importation of Tasmanian potatoes.