WALKER V OLDHAM & OTHERS

WALKER V OLDHAM & OTHERS

The refusal by the Treasurer to consent to the contract at the price agreed constituted a refusal within the express terms of the contract, triggering the clause that rendered the contract null and void, thereby ending the parties' obligations; thus, the purchaser is not entitled to specific performance.

Parties
Appellant: Walker; Respondent: Oldham & Others
Jurisdiction
Australia
Judgment Date
22 April 1948
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Specific Performance, Contractual Conditions, Statutory Consent for Land Purchase
Contract Law Property Law Specific Performance Contractual Conditions Statutory Consent for Land Purchase

Case Brief

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Parties

Walker

Appellant

Oldham & Others

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Treasurer's refusal to consent to the contract constituted a refusal under the terms of the contract
  2. 2 Whether the amendment to National Security (Economic Organisation) Regulations applied retrospectively to the contract in question
  3. 3 Whether the contract was null and void upon refusal of consent

Ratio Decidendi

The refusal by the Treasurer to consent to the contract at the price agreed constituted a refusal within the express terms of the contract, triggering the clause that rendered the contract null and void, thereby ending the parties' obligations; thus, the purchaser is not entitled to specific performance.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.