Shoreham Park Pty Limited v John Foote Bloodstock Pty Limited & Anor [2002] NSWSC 778

Shoreham Park Pty Limited v John Foote Bloodstock Pty Limited & Anor [2002] NSWSC 778

The contract was made on the fall of the hammer on 3 April 2002 and, properly construed, the Inglis Conditions of Sale treated that as the sale. The post-auction x-ray arrangement was not a condition precedent to formation of the sale contract and did not suspend the seven-day period in condition 5.1. The colt did not prove to be a wobbler within seven days of 3 April 2002. Even on later alternative dates, the observations relied on were not a professional diagnosis within the required period, and the veterinary reports did not satisfy the requirement that the veterinary surgeon be selected by the auctioneer. The election defence failed because condition 5.1 was self-executing and Inglis...

Jurisdiction
Australia
Judgment Date
30 August 2002
Procedural Posture
Contract Claim by Unpaid Vendor Arising From Auction Sale of a Thoroughbred Colt / Judgment After Hearing in the Supreme Court of New South Wales, Equity Division, Commercial List
Outcome
Plaintiff vendor entitled to judgment as unpaid vendor against the first defendant; judgment was not available against both defendants on a joint or joint and several basis.
Legal Topics
['contract Construction' 'condition Precedent and Condition Subsequent' 'australian Easter Yearling Sales Conditions of Sale' 'wobbler Syndrome Clause' 'post Auction X Ray Condition' 'undisclosed Principal' 'election']
['contract Law' 'commercial Law' 'auction Sales' 'agency'] ['contract Construction' 'condition Precedent and Condition Subsequent' 'australian Easter Yearling Sales Conditions of Sale' 'wobbler Syndrome Clause' 'post Auction X Ray Condition' 'undisclosed Principal' 'election']

Case Brief

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Procedural Posture

Contract Claim by Unpaid Vendor Arising From Auction Sale of a Thoroughbred Colt / Judgment After Hearing in the Supreme Court of New South Wales, Equity Division, Commercial List

Legal Issues

  1. 1 ['Whether the x-ray arrangement varied the Inglis Conditions of Sale so that the x-ray condition was a condition precedent to formation of the sale contract.' 'Whether the seven-day period in condition 5.1 ran from the fall of the hammer or from a later date connected with x-raying or notification of x-ray results.' 'Whether the colt proved to be a wobbler within the period required by condition 5.1.' 'Whether veterinary reports obtained by the purchaser satisfied the requirement for written evidence signed by a veterinary surgeon selected by the auctioneer.' 'Whether Inglis, as alleged agent for the plaintiff, elected to cancel the sale.']

Ratio Decidendi

The contract was made on the fall of the hammer on 3 April 2002 and, properly construed, the Inglis Conditions of Sale treated that as the sale. The post-auction x-ray arrangement was not a condition precedent to formation of the sale contract and did not suspend the seven-day period in condition 5.1. The colt did not prove to be a wobbler within seven days of 3 April 2002. Even on later alternative dates, the observations relied on were not a professional diagnosis within the required period, and the veterinary reports did not satisfy the requirement that the veterinary surgeon be selected by the auctioneer. The election defence failed because condition 5.1 was self-executing and Inglis...

Court Disposition

Plaintiff vendor entitled to judgment as unpaid vendor against the first defendant; judgment was not available against both defendants on a joint or joint and several basis.

Orders

  • ['Short minutes of order to be brought in.' 'Costs may be argued.']