Ritter v North Side Enterprises Pty Ltd [1975] HCA 18

High Court of Australia Gibbs, Stephen and Murphy JJ. Ritter v North Side Enterprises Pty Ltd [1975] HCA 18

ORDER Appeal allowed. Judgment of the Supreme Court of Queensland set aside, and in lieu thereof, order that the appellants have leave to defend the action upon condition that they give security for the costs of the trial, and that the costs of the application be costs in the cause. Further order that the matter be referred to the Supreme Court of Queensland to fix the amount of security for costs and to give any necessary directions as to the conduct of the trial. Further order that the respondent pay the appellants' costs of the appeal. Further order that the security paid into court by the appellants be paid out to the appellants' solicitors.

The following judgments were delivered:—

Gibbs J.

This is an appeal from a judgment of the Supreme Court of Queensland ordering specific performance of a contract for the sale of land made between the respondent as vendor and the appellants as purchasers. The judgment was given on an application made under O. 18A of the Rules of the Supreme Court of Queensland.

The appeal is supported on three grounds. The first of these grounds is that the material before the learned primary judge raised a triable issue that the making of the contract had been induced by fraudulent misrepresentations made by one Warick Gray as agent of the respondent. The evidence on which the appellants relied in support of this ground was contained in an affidavit sworn by the male appellant which, so far as is relevant, was in the following terms:

I knew that the Caboolture Shire Council had not installed sewerage at that time and I informed the said Warick Gray of this. He then assured me that the Caboolture Shire Council would have sewerage in this area in less than four months. It was only after this had been made known to me that I considered the land to be of any use to us and I agreed to the purchase on this condition. The said Warick Gray agreed to this condition and asserted most emphatically that the said land would be connected with sewerage by the Caboolture Shire Council within four months from 29th April 1974.