Fitzgerald v F J Leonhardt Pty Ltd: 13 May 1997

High Court of Australia – Contract – Illegality – Contract to drill bores – Claim by driller against landowner for money due under contract – Drilling without statutory permit – Whether obligation to obtain permit cast on landowner or driller – Whether contract as formed or performed prohibited by statute – Whether contract contrary to public policy.


Dawson, Toohey, Mchugh, Gummow and Kirby Jj


(1997) 71 ALJR 653, (1997) 143 ALR 569, (1997) 189 CLR 215, (1997) 189 CLR 215, [1997] HCA 17





Cited by:

CitedPatel v Mirza SC 20-Jul-2016
The claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums . .
Lists of cited by and citing cases may be incomplete.


Updated: 29 April 2022; Ref: scu.676370