Hawker v McLeod and Dickinson [1910] HCA 14

Hawker v McLeod and Dickinson [1910] HCA 14

A person ceases to be an 'applicant' under sec. 121 upon confirmation of the application, so agreements relating to options to purchase entered into after confirmation are valid and not prohibited by sec. 121. The agreement sued upon was not illegal and should be enforced.

Parties
Appellant; Plaintiff: Henry Hawker; Respondent; Defendant: James McLeod; Respondent; Defendant: John Dickinson
Jurisdiction
Australia
Judgment Date
21 April 1910
Procedural Posture
Appeal / On Appeal From the Supreme Court of New South Wales
Outcome
appeal allowed
Legal Topics
Crown Land Conditional Purchase, Illegal Agreements Under Crown Lands Act, Interpretation of 'applicant' in Crown Lands Act
Property Law Crown Land Conditional Purchase Illegal Agreements Under Crown Lands Act Interpretation of 'applicant' in Crown Lands Act

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Parties

Henry Hawker

Appellant; Plaintiff

James McLeod

Respondent; Defendant

John Dickinson

Respondent; Defendant

Procedural Posture

Appeal / On Appeal From the Supreme Court of New South Wales

Legal Issues

  1. 1 Whether sec. 121 of the Crown Lands Act 1884 applies to agreements made by a holder of land after confirmation of the application
  2. 2 Interpretation of 'applicant' under sec. 121 of the Crown Lands Act 1884
  3. 3 Whether the agreement of September 1906 was invalid under sec. 121

Ratio Decidendi

A person ceases to be an 'applicant' under sec. 121 upon confirmation of the application, so agreements relating to options to purchase entered into after confirmation are valid and not prohibited by sec. 121. The agreement sued upon was not illegal and should be enforced.

Court Disposition

appeal allowed

Orders

  • Judgment for specific performance granted to appellant
  • Decision of A. H. Simpson, Chief Judge in Equity, reversed