Milburn v Blomley [1951] HCA 46

Milburn v Blomley [1951] HCA 46

Where a contract for the sale of land is subject to the consent of a statutory commissioner as required by statute, and the commissioner refuses to consent to the transaction at the contract price, the transaction becomes null and void from the date of refusal as per the contract terms and statute. There is no contract to enforce unless the vendor subsequently agrees to a sale at a lesser price proposed by the commissioner, which did not occur in this case.

Parties
Appellant: Campbell McIntyre Milburn; Respondent: Thomas Shelley Blomley
Jurisdiction
Australia
Procedural Posture
Appeal / Judgment on Appeal From Supreme Court of Queensland
Outcome
appeal dismissed
Legal Topics
Specific Performance, Contracts for Sale of Land, Statutory Consent as a Condition Precedent or Subsequent, Effect of Refusal of Statutory Consent, Statutory Control of Land Sales
Contract Law Property Law Specific Performance Contracts for Sale of Land Statutory Consent as a Condition Precedent or Subsequent Effect of Refusal of Statutory Consent Statutory Control of Land Sales

Case Brief

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Parties

Campbell McIntyre Milburn

Appellant

Thomas Shelley Blomley

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Supreme Court of Queensland

Legal Issues

  1. 1 Whether the refusal of consent by the Commissioner under The Profiteering Prevention Act of 1948 (Q.) rendered the contract of sale for land null and void
  2. 2 Whether the contract could be specifically enforced by the purchaser after statutory land-sale controls were lifted
  3. 3 Effect of a condition in a contract making the sale subject to statutory consent or lesser price

Ratio Decidendi

Where a contract for the sale of land is subject to the consent of a statutory commissioner as required by statute, and the commissioner refuses to consent to the transaction at the contract price, the transaction becomes null and void from the date of refusal as per the contract terms and statute. There is no contract to enforce unless the vendor subsequently agrees to a sale at a lesser price proposed by the commissioner, which did not occur in this case.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.