Reid v Moreland Timber Company Pty Ltd [1946] HCA 48

Reid v Moreland Timber Company Pty Ltd [1946] HCA 48

The agreement, considering its context and business purpose, conferred upon the purchaser (and assignees) the exclusive right to cut and remove timber from the vendor's private area, affirmed by majority (Starke, Dixon, McTiernan JJ.).

Parties
Appellant; Defendant: Edward D. Reid; Respondent; Plaintiff: Moreland Timber Company Proprietary Limited; Respondent; Plaintiff: Herbert Grumach; Respondent; Plaintiff: William Vosper Sealey
Jurisdiction
Australia
Procedural Posture
Appeal / Appeal From Supreme Court of Victoria (full Court)
Outcome
Appeal dismissed
Legal Topics
Profit a Prendre, Licence Coupled With Interest, Agreement for Sale of Sawmilling Business, Rights to Cut and Remove Timber
Real Property Profit a Prendre Licence Coupled With Interest Agreement for Sale of Sawmilling Business Rights to Cut and Remove Timber

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Parties

Edward D. Reid

Appellant; Defendant

Moreland Timber Company Proprietary Limited

Respondent; Plaintiff

Herbert Grumach

Respondent; Plaintiff

William Vosper Sealey

Respondent; Plaintiff

Procedural Posture

Appeal / Appeal From Supreme Court of Victoria (full Court)

Legal Issues

  1. 1 Whether the right to cut timber and remove same on and from the vendor's private area conferred by the agreement was exclusive or non-exclusive

Ratio Decidendi

The agreement, considering its context and business purpose, conferred upon the purchaser (and assignees) the exclusive right to cut and remove timber from the vendor's private area, affirmed by majority (Starke, Dixon, McTiernan JJ.).

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs