PAYNE'S PROPERTIES PROPRIETARY LIMITED V. LEIGHTON 31/1961

PAYNE'S PROPERTIES PROPRIETARY LIMITED V. LEIGHTON 31/1961

The liability under clause 2 of the contract requires the purchaser to pay interest on the whole unpaid balance of the purchase money from the date of contract, and Special Condition 7(d) does not qualify, override, or restrict this general liability. The appeal is accordingly dismissed.

Parties
Appellant: Payne's Properties Proprietary Limited; Respondent: Leighton
Jurisdiction
Australia
Judgment Date
21 May 1962
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Contracts for Sale of Land, Construction of Contractual Clauses, Interest on Purchase Money
Contract Law Property Law Contracts for Sale of Land Construction of Contractual Clauses Interest on Purchase Money

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Parties

Payne's Properties Proprietary Limited

Appellant

Leighton

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the purchaser under the contract of sale was liable to pay interest on the unpaid balance of purchase money prior to rezoning of land as residential
  2. 2 Whether Special Condition 7(d) of the contract qualified or limited the general interest liability under clause 2

Ratio Decidendi

The liability under clause 2 of the contract requires the purchaser to pay interest on the whole unpaid balance of the purchase money from the date of contract, and Special Condition 7(d) does not qualify, override, or restrict this general liability. The appeal is accordingly dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs