High Court of Australia
19 C.L.R.] OF AUSTRALIA. 665
(HIGH COURT OF AUSTRALIA.)
WILLIAMS AND ANOTHER : a . APPELLANTS;
AND
THE MARSH ESTATES LIMITED. . RESPONDENTS.
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
Fence—Rabbit-proof fence—Contribution towards cost—Recovery by occupier or H.C, or A. owner" —Sale of land—Possession taken by purchaser—Demand by vendor 915, before transfer—Pastures Protection Act 1912 (N.S. W.) (No. 35 of 1912), secs. = 4, 49. SypNEY,
Sec. 49 of the Pastures Protection Act 1912 (N.S.W.) provides that (1) ride»
«where a boundary, or any part thereof, of any holding, is fenced with a Grimth C.., rabbit-proof fence, . . . a contribution towards the cost of the work Gavan Daity shall" (subject to certain conditions) 'be payable by the owner of any land 'md Rich J- outside the holding and adjoining the rabbit-proof fence to the occupier or owner who has incurred such expense" ; (2) "the right to receive a contribu- tion as aforesaid shall vest, and the liability to pay the same shall arise, when the then occupier or owner of the holding gives to the then owner of the land outside the holding the prescribed notice of demand ; and after the date when such notice is given, the amount of the contribution . . . shall until payment be and remain a charge upon the land in respect of which such
contribution is payable." By sec. 4 "owner" is defined as meaning, inter alios, (b) the holder of any purchase, whether conditional or otherwise, from the Crown, and (c) the person entitled at law to an estate of freehold in pos- session in any land granted by the Crown for other than public purposes. By the same section "occupier" is defined as meaning the person for the time being entitled to possession of a holding or land.
'Awas the owner of freehold and conditional purchase lands, on the boundary of which he had erected a rabbit-proof fence. He sold the land, including the improvements thereon, and the purchasers went into possession, After- wards, but before transfers of the lands sold were executed, A, pursuant to
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