Page:1930 QLD Royal Commission into Racing Report.djvu/75



made the Seventeenth day of April One thousand nine hundred and twenty-three.

In the Matter of the contract of sale and purchase about to be made this day between and  the vendors of the one part and  the purchasers of the other part Whereas for the consideration moneys to be provided for and the agreements and stipulations to be contained in the contract of sale and purchase and to be paid observed and performed by the purchasers the vendors agree to sell and the purchasers agree to purchase the Albion Park Racecourse and the Sandgate Racecourse and the buildings plant and goodwill thereof And whereas some doubts have been expressed as to the personal liability of the trustees and the individual members of the said Club in regard to the payment of the purchase money and the observance and performance by the purchasers of the agreements and stipulations about to be provided in the said contract Now it is this Day Expressly Agreed and Declared by the vendors and the purchasers that the whole of the liability for payment of the purchase money and the observance and performance of the agreements and stipulations to be contained in the said contract shall be binding on The Brisbane Amateur Turf Club in its capacity as a Club and on its property and assets or on its successors or permitted transferees And that neither the trustees nor any of the members of the Brisbane Amateur Turf Club shall be individually or personally liable for payment of the said purchase moneys or any part thereof or for the observance or performance of any of the agreements and stipulations therein to be contained And the said trustees and members are and each of them is hereby declared to be personally free from liability under or in respect of the said contract.

made the sixth day of December One thousand nine hundred and twenty-nine between and  (hereinafter called "the Vendors") of the first part  and  as Trustees of  (hereinafter called "the Trustees") of the second part and  on behalf of himself and all Members of The Brisbane Amateur Turf Club of the third part Whereas the said James Park Macfarlane and George Rees have been duly appointed under the Rules of The Brisbane Amateur Turf Club as Trustees for the said Club to the intent and purpose that all the real and personal estate of the said club shall vest in them as such Trustees And whereas the said Terence Mortimer Ahern is the Chairman of the Committee of the said The Brisbane Amateur Turf Club duly appointed under the said rules and has been duly authorised by the Committee of the said The Brisbane Amateur Turf Club to execute these presents on behalf of himself and all other Members of the said Club And whereas by an Agreement bearing date the Seventeenth day of April One thousand nine hundred and twenty-three the said vendors agreed that neither the said Trustees nor the Members of The Brisbane Amateur Turf Club should be individually or personally liable for the payment of any purchase money agreed to be paid under a purchase Agreement between the said vendors and the said Trustees then about to be executed for the sale and purchase of Albion Park and Sandgate Racecourses or for the observance or performance of any of the agreements and stipulations to be contained in the said proposed purchase Agreement And whereas the said proposed purchase Agreement between the vendors and the said Trustees was thereafter duly executed and bears date the Seventeenth day of April One thousand nine hundred and twenty-three And whereas doubts have arisen as to the true intent and meaning of the two above mentioned Agreements And whereas the vendors and the said The Brisbane Amateur Turf