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Decisions of the Superior Courts of New South Wales, 1788-1899

Smith v. Elyard [1842] NSWSupC 58

land sale - false advertising

Supreme Court of New South Wales

Dowling CJ., 29 March 1842

Source: Sydney Herald, 30 March 1842

            In this cause Robert Smith, the complainant, had filed a bill praying the Court to set aside a sale of land, and to cause the purchase money to be refunded, on the ground that, at the sale, and by advertisements, the defendant's property (situated at Green's Point and Middle Harbour) was described as being of a better description than it really was; also because it had been represented as having a water frontage where eight ships of two hundred tons could discharge and load. It was also alleged, that its proximity to St Leonard 's was not truly set forth at the time of sale. The defendant, by his answers, admitted the descriptions in the advertisements, &c., as published by his orders, at the same time asserting that they were correct; but denied that more than the fair marketable value of the land had been paid by the complainant, who was well enough satisfied with his purchase until the price of land declined in Sydney. It also appeared that the complainant had made the said purchase at public auction, at the sale rooms of Mr. Stubbs, the defendant's auctionerr [sic], about July, 1840.  

            The Court was employed during the rest of the day in hearing evidence in support of the answers and the bill respectively.

            Counsel for the complainant, Messrs. Windeyer and Broadhurst; for the defendants, Messrs. Webb, Manning and Donnally.

Published by the Division of Law, Macquarie University