Howie v New South Wales Lawn Tennis Ground Ltd [1956] HCA 11

Howie v New South Wales Lawn Tennis Ground Ltd [1956] HCA 11

The contract, properly construed, preserved the special members' rights only while the ground company continued its business of staging sporting spectacles and, by the clause headed "Provision in the event of change of ground", excluded any enforceable right against the company if it discontinued that business for any reason, including voluntary winding up or sale. The proposed assignment therefore brought the contractual rights to an end for relevant purposes, and the association could not be bound as an assignee with notice because the Tulk v. Moxhay doctrine did not apply. The appellants were not entitled to the declarations or injunctions sought.

Jurisdiction
Australia
Procedural Posture
Appeal by Special Leave From a Decree Dismissing a Suit in Equity / Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
['contractual Construction' 'injunctions and Declarations' 'rights of Special Members to Reserved Seating' 'voluntary Winding Up and Distribution in Specie' 'assignee With Notice' 'restrictive Covenants and Tulk V. Moxhay']
['contract Law' 'equity' 'property Law' 'corporations Law'] ['contractual Construction' 'injunctions and Declarations' 'rights of Special Members to Reserved Seating' 'voluntary Winding Up and Distribution in Specie' 'assignee With Notice' 'restrictive Covenants and Tulk V. Moxhay']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal by Special Leave From a Decree Dismissing a Suit in Equity / Appeal

Legal Issues

  1. 1 ['Whether the contracts made through the circular gave the appellants continuing enforceable rights to enter the ground and occupy allocated green chairs.' 'Whether the clause headed "Provision in the event of change of ground" excluded rights or remedies where the ground company discontinued its business through voluntary winding up, sale or other cause.' 'Whether the appellants could prevent the ground company from winding up or transferring its assets to the association, or require any transfer to be subject to their claimed rights.' "Whether the association, as an assignee with notice, would take the White City property subject to the appellants' claimed rights."]

Ratio Decidendi

The contract, properly construed, preserved the special members' rights only while the ground company continued its business of staging sporting spectacles and, by the clause headed "Provision in the event of change of ground", excluded any enforceable right against the company if it discontinued that business for any reason, including voluntary winding up or sale. The proposed assignment therefore brought the contractual rights to an end for relevant purposes, and the association could not be bound as an assignee with notice because the Tulk v. Moxhay doctrine did not apply. The appellants were not entitled to the declarations or injunctions sought.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']