NSW Caselaw
Reported Decision : (2005) Aust Contract Reports 90-219
New South Wales Supreme Court
CITATION : Redglove Projects Pty Ltd v Ngunnawal Local Aboriginal Land Council [2005] NSWSC 892
HEARING DATE(S) : 18, 19, 20, 21, 22 July 2005
JUDGMENT DATE : 6 September 2005
JURISDICTION : Equity Division
JUDGMENT OF : Young CJ in Eq
DECISION : Plaintiff's claim dismissed and plaintiff ordered to restore title deeds to first defendant.
CATCHWORDS : CONTRACTS [142]- Aboriginal land- Joint venture between developers and Aboriginal Land Council- Developer proposed to acquire Land Council's land and Land Council was to share in profits of development- Statute required approval from supervisory body before Land Council could dispose of land- Effect of statute and contract meant approval was condition precedent to performance- Approval not given- Whether defendant materially contributed to failure of condition- Whether duty of co-operation required defendant to continue to seek approval once it had not been given- Consequences of termination. STATUTES [51]- Interpretation- Aboriginal land- Contract for development of land- Approval required before land could be disposed of- Contract for sale or disposal of land without approval void- Contract stipulated that approval was condition precedent- Whether contract amounted to "disposal"- Prohibition on sale without approval not a prohibition on entering contract to sell where approval is condition precedent.
Aboriginal Land Rights Act 1983, ss 4(1), 40(1) and (2), 40D and 41 LEGISLATION CITED : Trade Practices Act 1974 (Cth), s 51AA
Butts v O'Dwyer (1952) 87 CLR 267 Chang v Registrar of Titles (1976) 137 CLR 177 Commonwealth v South East Queensland Aboriginal Corp for Legal Services [2005] QSC 88 Fileman v Liddle (1974) 2 BPR 9192 Fitzgerald v F J Leonhardt Pty Ltd (1997) 189 CLR 215 Gaye (No 1) Pty Ltd v Allan Rowlands Holdings Pty Ltd (1993) 114 ALR 349 (HC) George v Greater Adelaide Land Development Co Ltd (1929) 43 CLR 91 Hunyor v Tilelli (1997) 8 BPR 15,629 Hutchinson v Scott (1905) 3 CLR 359 Maynard v Goode (1926) 37 CLR 529 Meehan v Jones (1982) 149 CLR 571 CASES CITED : Nelson v Rhodes (1975) 8 ALR 121 New South Wales Aboriginal Land Council v Worimi Local Aboriginal Land Council (1994) 84 LGERA 188 Perri v Coolanagatta Investments Pty Ltd (1982) 149 CLR 537 Plumor Pty Ltd v Handley (1996) 41 NSWLR 30 Rawson v Hobbs (1961) 107 CLR 466 Sanctuary Investments Pty Ltd v St Gregory's Armenian School Inc (1998) 9 BPR 16,823 Sanpine v Koompahtoo Local Aboriginal Land Council [2005] NSWSC 365 Smith v Butler [1900] 1 QB 694 Suttor v Gundowda (1950) 91 CLR 418 Westralian Farmers Ltd v Commonealth Agricultural Service Engineers Ltd (1936) 54 CLR 361
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