Marsh v Williams [1907] HCA 10

Marsh v Williams [1907] HCA 10

The Court held that the words 'at the like periods' in sec. 47, sub-sec. (iii.) of the Crown Lands Act 1884 required non-residential conditional purchasers to pay the same number of instalments as residential purchasers, but in double the amount, resulting in a total price that is double. This construction aligns with the legislative intent to discourage non-residential purchases and was supported by prior authority (Walker v. Walker). The appeal was therefore dismissed.

Parties
Appellant: Mars; Respondent: Witram(s)
Jurisdiction
Australia
Judgment Date
18 April 1907
Procedural Posture
Appeal / Judgment on Appeal From Supreme Court of New South Wales
Outcome
appeal dismissed with costs
Legal Topics
Crown Lands Act 1884, Conditional Purchase, Residential and Non Residential Purchase Conditions, Statutory Construction
Land Law Statutory Interpretation Crown Lands Act 1884 Conditional Purchase Residential and Non Residential Purchase Conditions Statutory Construction

Case Brief

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Parties

Mars

Appellant

Witram(s)

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Supreme Court of New South Wales

Legal Issues

  1. 1 Whether under the Crown Lands Act 1884, before its amendment in 1889, non-residential conditional purchasers were obligated to pay an increased (double) price per acre for land compared to residential purchasers for the same area.

Ratio Decidendi

The Court held that the words 'at the like periods' in sec. 47, sub-sec. (iii.) of the Crown Lands Act 1884 required non-residential conditional purchasers to pay the same number of instalments as residential purchasers, but in double the amount, resulting in a total price that is double. This construction aligns with the legislative intent to discourage non-residential purchases and was supported by prior authority (Walker v. Walker). The appeal was therefore dismissed.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.