Maine v Lyons [1913] HCA 5

Maine v Lyons [1913] HCA 5

The contract contained a condition subsequent permitting rescission if the goods were rejected upon inspection by relevant authorities. Here, impossibility of submitting the potatoes for Victorian inspection, due to an act of State, prevented fulfillment of that condition. Since the purchasers were unable, through no fault of their own, to perform the only condition on which the sale could be avoided, the contract remained absolute and could not be rescinded.

Parties
Appellants; Plaintiffs: Maine and another; Respondent; Defendant: Lyons
Jurisdiction
Australia
Judgment Date
20 February 1913
Procedural Posture
Appeal / On Appeal From the Supreme Court of Tasmania
Outcome
appeal dismissed with costs
Legal Topics
Appeal, Security for Costs, Rescission of Contract, Impossibility of Performance, Act of State, Condition Subsequent
Contract Law Sale of Goods Civil Procedure Appeal Security for Costs Rescission of Contract Impossibility of Performance Act of State +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Maine and another

Appellants; Plaintiffs

Lyons

Respondent; Defendant

Procedural Posture

Appeal / On Appeal From the Supreme Court of Tasmania

Legal Issues

  1. 1 Whether security for costs was duly lodged for the High Court appeal.
  2. 2 Whether the contract for sale of goods could be rescinded by the purchaser when performance of a condition became impossible due to an act of State.

Ratio Decidendi

The contract contained a condition subsequent permitting rescission if the goods were rejected upon inspection by relevant authorities. Here, impossibility of submitting the potatoes for Victorian inspection, due to an act of State, prevented fulfillment of that condition. Since the purchasers were unable, through no fault of their own, to perform the only condition on which the sale could be avoided, the contract remained absolute and could not be rescinded.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.