RA Brierley Investments Ltd v Landmark Corporation Ltd [1966] HCA 82

High Court of Australia Barwick C.J. McTiernan, Kitto, Menzies and Windeyer JJ. RA Brierley Investments Ltd v Landmark Corporation Ltd [1966] HCA 82

ORDER Appeal allowed. Decree of the Supreme Court of New South Wales set aside. In lieu thereof declare that by the letter dated 1st November 1965 from the respondent to the appellant a copy of which formed part of Ex. D at the hearing before the Supreme Court, and the letter dated 26th November 1965 from Messrs. Marshall, Marks, Dezarnaulds & Jones to the respondent, a copy of which was Ex. E at the hearing, a contract was concluded between the appellant and the respondent for the sale by the appellant and the purchase by the respondent of 6,630 shares in the capital of Hawkesbury Development Co. Limited and that the said contract ought to specifically be performed and carried into execution and order and adjudge the same accordingly. Order that the suit be remitted to the Supreme Court to do what is right therein consistent with this order, making as to the costs in that Court such order or orders if any as it thinks proper.

Cur. adv. vult.

The following written judgments were delivered:—

Dec. 21 Barwick C.J., Kitto and Windeyer JJ.

This is an appeal from a decree of the Supreme Court of New South Wales (Street J.) dismissing a suit in equity for specific performance of an alleged contract for the sale by the appellant and the purchase by the respondent of shares in a company which for brevity is referred to as Hawkesbury. In its statement of claim the appellant put its case in three ways, alleging first that it accepted a take-over offer by the respondent in respect of 23,880 shares, secondly that if it did not do that it accepted a take-over offer in respect of 6,630 shares, and thirdly that if it did neither of those things it accepted an offer in respect of 6,630 shares which was made to it subsequently to and separately from the take-over offer.