Everingham v Minister for Lands (NSW) [1916] HCA 19

1 OLR.) OF AUSTRALIA. 269

'Tue Court allowed the appeal, holding that there was evidence H. C. or A.

go toa jury. 1916. Yw

CRrAINE

Appeal allowed with costs. Order appealed ge.

from discharged. Appeul to the Supreme Court allowed, with costs. Case to be reheard before a Judge of the Supreme Court. Costs in the County Court to abide the event of the rehearing.

- Solicitor for the appellant, W. S. Doria. _ Solicitors for the respondent, Cleverdon & Fay.

13h 1 [HIGH COURT OF AUSTRALIA.] RINGHAM . ¥ A . 5 5 . APPELLANT ; AND : 'MINISTER FOR LANDS (NEW SOUTH) Reo

WALES) ee ee

i ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

wn Lands—Conditional purchase—Restrictions on alienation—Original con- H.C. oF A. ditional purchase taken p after 1st February 1909—Acquisition as additional 1916. purchase by holder of original conditional purchase taken up before 1st February = —— 1909—Subsequent alienation—Consent of Minister—Orown Lands Consolidation SvpNey, Act 1913 (N.S.W.) (No. 7 of 1913), secs. 267, 272. March 30.

'Sec. 267 of the Crown Lands Consolidation Act 1913 (N.S.W.) provides that Grititn ©. "The holder of any conditional purchase . . . may . . . acquire Gavan Duity bby transfer one or more conditional purchases . . . (although acondition ""4™*¥- of residence may attach to such conditional purchases . . . ) as additional

'VOL. XXI. 19

H.C. or A. 1916. —~

EverincuamM

MINISTER For Lanps W.)

HIGH COURT

purchases. . . and in any such case the conditions of residence and improvement attaching to the original and additional holdings may be per- formed on any one of such holdings. Before any such acquisition takes place the local land board shall approve thereof and the Minister shall consent thereto, . . . and whenever an original holding shall have been acquit under such provision and shall thereby have become attached to anotl original holding, such first-mentioned holding shall in all respects be deemed to he an additional to the holding to which it is so attached." See. 272 pro vides that ''(1) Holdings of the hinds hereunder specified, that is to sa (a) original conditional purchases. . applied for on or after the first day of February 1909 . . . or (f) additional holdings held in virtue of any such holdings as aforesaid . . . shall respectively not be trans- ferable except by way of mortgage only to a person who at the date of the — proposed transfer already holds an area of lands that under the provisions of this Act are to be taken into account, which area when added to the area proposed to be acquired by transfer will in the opinion of the Minister exceed a home maintenance area . . . (2) Application for permission to transfer by way of sale mortgage lease or otherwise any such holding as is hereinbefore mentioned shall be made to the Minister in the prescribed form, and such — transfer shall not be effected, or if effected shall not be valid, unless the — Minister's consent thereto has been obtained."