Godfrey Constructions Pty Ltd v Kanangra Park Pty Ltd [1972] HCA 36

High Court of Australia Barwick C.J. McTiernan, Walsh, Gibbs and Stephen JJ. Godfrey Constructions Pty Ltd v Kanangra Park Pty Ltd [1972] HCA 36

ORDER Godfrey Constructions Pty. Ltd. v. Kanangra Park Pty. Ltd.: Appeal allowed with costs. Order of the Supreme Court of New South Wales set aside and in lieu thereof order that the questions asked in the originating summons be answered as follows:—

Question 1 — By majority "No"

Question 2 — "No".

The defendant to pay the plaintiff's costs of the suit. Jongar Investments Pty. Ltd. v. Kanangra Park Pty. Ltd.: Appeal allowed with costs. Order of the Supreme Court of New South Wales set aside and in lieu thereof order that the questions asked in the originating summons be answered as follows:—

Question 1 — By majority "No".

Question 2 — "No".

Question 3 — By majority "No".

Question 4 — "No".

Question 5 — By majority "No".

Question 6 — "No".

The defendant to pay the plaintiff's cost of the suit.

Cur. adv. vult.

The following written judgments were delivered:—

June 30 Barwick C.J.

Godfrey Constructions Pty. Ltd. v. Kanangra Park Pty. Ltd. The respondent, on 25th June 1970, entered into a contract to sell to the appellant certain land the title to which was under the provisions of the Real Property Act, 1900-1970 NSW. The contract was in the printed form approved by the Law Society of New South Wales and the Real Estate Institute of New South Wales, with details typed in at appropriate places. The contract did not provide for settlement to take place at any particular time. Though the land was vacant, the contract provided that the appellant as purchaser should be entitled to the rents and profits of the land as from the date of the contract but should pay interest to the respondent vendor on the balance of the purchase money at six per cent per annum. The contract contained the following relevant clauses—