Gelling v Crespin

In *Gelling v Crespin*, the High Court of Australia considered a dispute arising from a contract for the sale of f.a.q. wheat. The contract was for wheat grown in a particular State, and the central issue revolved around the performance of this contract in light of subsequent legislation.

The primary legal question before the Court was whether the acquisition of wheat by the State of New South Wales, pursuant to the *Wheat Acquisition Act 1914* (N.S.W.), rendered the contract impossible to perform. This involved an examination of the terms of the contract and the effect of the statutory acquisition on the seller's ability to deliver the contracted wheat.

The Court reasoned that the *Wheat Acquisition Act 1914* had the effect of vesting ownership of the wheat in the Crown, thereby making it impossible for the seller to fulfil their contractual obligation to deliver the wheat to the buyer. Consequently, the Court held that the contract had been frustrated by the supervening event of the State's acquisition of the wheat, excusing the seller from performance.