Ockerby and Company Limited v Murdock [1916] HCA 74

Ockerby and Company Limited v Murdock [1916] HCA 74

Special leave to appeal was refused on the ground that, by operation of sec. 23(1) of the Industries Assistance Act 1915, the contract was for sale of the proceeds of the defendant's own crop, and that the acquisition of all the wheat by the Grain and Foodstuff Board excused the defendant from performance.

Parties
Appellant; Plaintiff: Ockerby and Company Limited; Respondent; Defendant: James Francis Murdock
Jurisdiction
Australia
Judgment Date
27 November 1916
Procedural Posture
Application for Special Leave to Appeal / Application for Special Leave to Appeal to the High Court From the Full Court of the Supreme Court of Western Australia
Outcome
special leave to appeal refused
Legal Topics
Construction of Contract, Specific Goods, Statutory Acquisition, Excuse for Non Delivery, Retrospective Statutes
Contract Law Sale of Goods Construction of Contract Specific Goods Statutory Acquisition Excuse for Non Delivery Retrospective Statutes

Case Brief

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Parties

Ockerby and Company Limited

Appellant; Plaintiff

James Francis Murdock

Respondent; Defendant

Procedural Posture

Application for Special Leave to Appeal / Application for Special Leave to Appeal to the High Court From the Full Court of the Supreme Court of Western Australia

Legal Issues

  1. 1 Does sec. 23(1) of the Industries Assistance Act 1915 (W.A.) apply to the contract and excuse performance by the defendant?
  2. 2 Does sec. 19 of the Grain and Foodstuff Act 1914 (W.A.) discharge the obligation of the seller when the goods are acquired by the Board?

Ratio Decidendi

Special leave to appeal was refused on the ground that, by operation of sec. 23(1) of the Industries Assistance Act 1915, the contract was for sale of the proceeds of the defendant's own crop, and that the acquisition of all the wheat by the Grain and Foodstuff Board excused the defendant from performance.

Court Disposition

special leave to appeal refused

Orders

  • Special leave to appeal refused.