Legione v Hateley [1983] HCA 11

High Court of Australia Gibbs C.J. Mason, Murphy, Brennan and Deane JJ. Legione v Hateley [1983] HCA 11

ORDER Allow the appeal. Set aside the order of the Full Court of the Supreme Court of Victoria and the order of Murray J. No order as to costs of the proceedings in this Court. Remit the case to the Supreme Court of Victoria for determination of the respondent's claim to be relieved from the forfeiture of her interest under the contract of sale. In the event that the respondent succeeds in obtaining an order for the enforcement of the contract on the further hearing of the proceedings in the Supreme Court of Victoria, no order as to the costs of the appeal from Murray J. to the Full Court of the Supreme Court. In the event that the respondent fails to obtain such an order for the enforcement of the contract, order that the respondent pay the appellants' costs of the appeal to the Full Court. Reserve costs of the proceedings at first instance, including the costs of the hearing before Murray J., and costs of the proceedings on remitter to the Supreme Court, to be dealt with by the judge of the Supreme Court before whom the matter comes on further hearing.

Cur. adv. vult.

Cur. adv. vult.

The following written judgments were delivered:—

1983, April 14 Gibbs C.J. and Murphy J.

The appellants were the vendors under a contract of sale executed on 14 July 1978. The purchasers were the respondent Mrs. Hateley and her husband, who died after the present proceedings were commenced. The contract was for the sale of certain land in Victoria for a price of $35,000. A deposit of $6,000 was paid and the contract provided for payment of the residue "on the 1st day of July, 1979 or such earlier date as shall be agreed between the parties". The purchasers agreed to pay interest on the residue at the rate of 8 per cent per annum calculated from 1 July 1978, adjusted and payable quarterly. Clause 3 of the copyright conditions of sale, as amended by cl. 5 of the special conditions, provided that if the purchasers made default in the payment of purchase money or interest, they should pay interest at the rate of 14 per cent on the amount in default. Clause 5 of the copyright conditions of sale, so far as its provisions are material, was in the following terms: