Milburn v Blomley [1951] HCA 46

Milburn v Blomley [1951] HCA 46

The contract for sale, being subject to statutory consent under The Profiteering Prevention Act of 1948, became null and void upon the commissioner's refusal to consent at the agreed price; there was no binding agreement to sell at a lesser price in absence of the vendor's acceptance, and the subsequent exemption of the land from the Act did not revive or validate the previously voided contract.

Jurisdiction
Australia
Procedural Posture
Appeal / Judgment of the High Court of Australia on Appeal From the Supreme Court of Queensland
Outcome
Appeal dismissed with costs.
Legal Topics
['specific Performance' 'land Sale Contracts' 'statutory Consent to Transactions' 'validity of Contracts Under Statute']
['contract Law' 'statutory Interpretation'] ['specific Performance' 'land Sale Contracts' 'statutory Consent to Transactions' 'validity of Contracts Under Statute']

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Procedural Posture

Appeal / Judgment of the High Court of Australia on Appeal From the Supreme Court of Queensland

Legal Issues

  1. 1 ['Whether a contract for sale of land, subject to statutory consent, remains enforceable after statutory refusal of consent and subsequent statutory exemption.' 'Proper construction of a contractual clause providing for nullity upon refusal of consent under The Profiteering Prevention Act of 1948.']

Ratio Decidendi

The contract for sale, being subject to statutory consent under The Profiteering Prevention Act of 1948, became null and void upon the commissioner's refusal to consent at the agreed price; there was no binding agreement to sell at a lesser price in absence of the vendor's acceptance, and the subsequent exemption of the land from the Act did not revive or validate the previously voided contract.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal is dismissed with costs.']