Minister for Lands, New South Wales v Barker [1914] HCA 84

19 C.L.R.]

OF AUSTRALIA.

(HIGH COURT OF AUSTRALIA.]

THE MINISTER FOR LANDS, NEW SOUTH

WALES é ¥ 'i

} APPELLANT;

AND

BARKER AND ANOTHER

RESPONDENTS.

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

Crown Lands—Conditional purchase—A ppraisement—" Original conditional pur-

chaser

"—Transferred conditiona! lease—Conversion into additional conditional

purchase— Exemption from conditions of residence—Appraisement Act 1902 (N.S.W.) (Wo. 109 of 1902), secs. 4, 10, 11.*

H. C. or A. 1914. ww

SyDNEy,

Sept. 2, 3;

Held, by Isaacs and Gavan Duffy IJ. (Grifith C.J. dissenting), that where pye?16," 17, land is held under conditional purchase the person who first became the con- ditional purchaser of that particular land is the "original conditional pur

chaser "

within the meaning of sec. 11 of the Appraisement Act 1902.

Held, therefore, by Isaacs and Gavan Duffy JJ. (Griffith C.J. dissenting),

that the tr:

sferee of a conditional lease who had converted it into an addi-

tional conditional purchase was the original conditional purchaser of it, and,

*Sec. 4 of the Appraisement Act 1902 provides that 'Any holder of land held under conditional purchase or conditional lease . . . who is resident on some part of his holding, of which such land is a portion, or who is excepted or excused from such resi- dence under sec. 11, may apply to have the capital value of such land deter- mined hereunder."

Sec. 10 provides that in the event of an applicant obtaining a reduction of the capital value of any land he shall thereafter reside upon some portion of his holding for a specified period.

Sev. 11 provides that 'In any case where an applicant (a) is the holder of

any conditional purchase, other than a conditional purchase under sec. 47 of the Grown Land Act of 1884, or of any conditional lease and is the original conditional purchaser or lessee, or a person on whom such purchase or lease has devolved under the will or on the intestacy of such original purchaser or lessee, and such purchaser, lessee, or person has not transferred such pur- chase or lease unless upon transfer by way of bond fide mortgage or security only; . . . the condition of resi- dence under this Act shall not attach to such purchase or lease either at the date of the application or afterwards."