Land Development Company Limited v Provan [1930] HCA 19

Neither a company nor its agent, when selling land in subdivision, is within the persons described by section 1 of the Sunday Observance Act 1677. The business of selling land is not analogous to trading in goods. Therefore, the contract made on a Sunday is not unenforceable for that reason.

Parties: Appellant; Plaintiff: Land Development Company Limited; Respondent; Defendant: James Provan
Jurisdiction: Australia
Procedural Posture: Civil Appeal / High Court Appeal From the Supreme Court of New South Wales (full Court)
Outcome: Appeal allowed
Legal Topics: Sunday Observance Act 1677, Enforceability of Contracts Made on Sunday, Ejusdem Generis Rule

Contract Law Statutory Interpretation Sunday Observance Act 1677 Enforceability of Contracts Made on Sunday Ejusdem Generis Rule

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Parties

Land Development Company Limited

Appellant; Plaintiff

James Provan

Respondent; Defendant

Procedural Posture

Civil Appeal / High Court Appeal From the Supreme Court of New South Wales (full Court)

Legal Issues

1 Does the Sunday Observance Act 1677 (29 Car. II. c. 7), sec. 1, prevent enforcement of a contract for sale of land when made by a company or its agent on a Sunday?
2 Is a company or its land-selling agent a 'tradesman' or otherwise within the persons described in section 1 of the Act?

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Order of the Supreme Court discharged; appeal to the Supreme Court dismissed with costs; judgment of the District Court restored but stayed to give effect to appellant's undertaking not to enforce the contract.
Appellant to pay respondent's costs of the appeal pursuant to special leave.