Turner v Bladin [1951] HCA 13

High Court of Australia Williams, Fullagar and Kitto JJ. Turner v Bladin [1951] HCA 13

ORDER Judgment below modified by omitting therefrom the words This Court doth declare that the agreement referred to in the Statement of Claim in this Action ought to be specifically performed and carried into execution and doth order and adjudge the same accordingly, and inserting in lieu thereof the following declarations and orders: Declare that in October 1945 the plaintiffs agreed to sell and the defendant agreed to purchase from the plaintiffs the plant, fittings, effects and good will of the business of quarry masters then being conducted by the plaintiffs at Ferntree Gully and such rights as the plaintiffs then had to enter on the land upon which they were then conducting the said business and to quarry stone thereon and take it away, for the price of £7,500, payable as to £2,100 thereof as a deposit, and as to the balance by instalments of £500 each with interest at three per cent in the meantime, such instalments being payable the first in October 1946 and the remainder at intervals of six months thereafter. Declare that the said agreement, so far as it has not already been performed, ought to be specifically performed and carried into effect except so far as performance has been waived by the defendant, and order and adjudge accordingly. Order that the defendant do pay to the plaintiffs within twenty-eight days from this date the sum of £4,500 together with interest at three per cent on £5,400 from 1st October 1945 to this date, and that the plaintiffs be at liberty to apply to the Supreme Court in the event of non-payment of any instalments or interest that will become payable under the agreement in the future. Otherwise appeal dismissed with costs.

Cur. adv. vult.

The Court delivered the following written judgment:—