City of Launceston Development Application For The Organ Sale

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Ref. No: DA 0291/2018
Date
advertised: 06/06/2018
Planning Administration
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Date
Trinity Uniting Church, Launceston on the corner of Balfour and Margaret Streets
Launceston.
Photo shows the main entrance to the building in Balfour Street.

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The Organ in Trinity uniting Church, Margaret Street Launceston in its position,
taken from the back gallery. Our understanding is that the platforms are to be
removed once the organ has been dismantled. Photo taken Monday 5 March 2018.
Close-up photo of the organ taken on the same date.

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HARLEY COMMERCIAL PTY LTD

(Vendor)
and
TRUSTEES OF THE DIOCESE OF TASMANIA

(Purchaser)
CONTRACT FOR
SALE OF CHURCH ORGAN
FINLAY WATCHORN
Barristers and Solicitors
3/16
32Freeman
Murray Street,
Street, Hobart
Kingston
3/16 Freeman Street, Kingston
www.finlaywatchorn.com.au
Document Set ID: 3809631 www.finlaywatchorn.com.au
Version: 1, Version Date: 25/05/2018
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Table of Contents
1. Agreement to Sell and Buy ..................................................................................................... 3

2. Purchase Price......................................................................................................................... 3
3. Completion.............................................................................................................................. 3
4. Conditions Precedent .............................................................................................................. 3
5. Title......................................................................................................................................... 4
6. Purchaser’s Default................................................................................................................. 4
7. Nominee.................................................................................................................................. 4
8. Pending Completion ............................................................................................................... 4
9. Removal of Items not included in Sale ................................................................................... 4
10. Making Good .......................................................................................................................... 4
11. Joint and Several Liability ...................................................................................................... 5
12. Rights After Completion......................................................................................................... 5
13. Costs and Duty........................................................................................................................ 5
14. Notices .................................................................................................................................... 5
15. Goods and Services Tax (GST Free) ...................................................................................... 5
16. Time of the Essence ................................................................................................................ 5
17. Whole Contract ....................................................................................................................... 6
18. Proper law ............................................................................................................................... 6
19. Counterparts............................................................................................................................ 6
20. General.................................................................................................................................... 6
SCHEDULE ............................................................................................................................. 8
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Document Set ID: 3809631
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Contract for Sale of Church Organ
This Contract is made the day of May 2018
Between HARLEY COMMERCIAL PTY LTD ACN 613 577 950 care of Core Accounting,
126 Charles Street, Launceston in Tasmania (“the Vendor”)
and TRUSTEES OF THE DIOCESE OF TASMANIA of 125 Macquarie Street, Hobart,

Tasmania (“the Purchaser”)
1. Agreement to Sell and Buy

1.1 Subject to fulfilment or waiver of the Conditions Precedent, the Vendor as beneficial
owner agrees to sell, and the Purchaser agrees to buy the Vendor’s 2 manual George
Fincham Church Organ (“the Organ”) as specified in the schedule hereto and
currently situated in the Vendor’s premises at 96 Margaret Street, Launceston (“the
Vendor’s Premises”), free from any encumbrance, security or third party interest for
the Purchase Price and otherwise on the terms and conditions of this agreement.
2. Purchase Price
2.1 The Purchase Price is $12,100.00 and is payable either in cash or by a cheque drawn
by a bank, on completion.
3. Completion
3.1 This Contract will be completed after fulfilment or waiver of the Conditions
Precedent on a date on or before 31 July 2018 to be specified by Australian Pipe
Organs Pty Ltd ACN 005 698 617 or such other similar contractor chosen by the
Purchaser (“APO”).
3.2 On completion the Vendor must ensure that:
(a) the Purchaser obtains possession of the Organ; and
(b) the Purchaser, the purchaser’s agents and contractors and APO and its agents
and contractors are given uninterrupted access to the Vendor’s Premises for up
to four days together with access to its electrical circuitry as required for the
purpose of dismantling, packing and removing the Organ from the said
premises.
4. Conditions Precedent
4.1 The following matters are conditions precedent to the completion of this Contract:
(a) That, unless disclosed in this Contract, the Organ as specified in its current
location is in full working order and condition;
(b) That on or before 29 June 2018, in accordance with the Parish Administration
Ordinance 1995, the Purchaser receives a faculty from the Bishop of Tasmania
enabling the installation of the Organ in the Purchaser’s premises at 339
Macquarie Street, South Hobart in Tasmania (“the Purchaser’s Premises”) in
place of the Purchaser’s existing instrument;
(c) That on or before 29 June 2018 the Purchaser enters into a contractual
arrangement to the satisfaction of the Purchaser with APO.
(d) That on or before 29 June 2018, the Tasmanian Heritage Council issues a
permit for the removal of the Organ from the Vendor’s premises and for the
installation of the Organ in the Purchaser’s Premises in place of its existing
instrument.
4.2 The Purchaser must use all reasonable endeavours to fulfil the conditions precedent
in clause 4.1(b) and 4.1(c) within the time allowed for doing so.
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4.3 The Vendor and the Purchaser must use all reasonable endeavours to fulfil the
conditions precedent in clause 4.1(d) within the time allowed for doing so.
4.4 The Purchaser may waive the benefit of any conditions precedent in clause 4.1(a),
(b) or (c).
4.5 The Vendor and the Purchaser may jointly waive the benefit of the condition
precedent in clause 4.1(d) within the time allowed for doing so.
4.6 If the Purchaser does not give unconditional notice of fulfilment or waiver of each
condition precedent in clauses 4.1(b) - 4.1(c);
(a) in one of the ways described in clause 14; and,
(b) before the time for fulfilment of each condition expires,
then the Vendor may treat this Contract as at an end.
4.7 If the condition precedent in clause 4.1(d) is not waived by both parties or fulfilled
before the time for fulfilment of that condition expires, then either party may treat
this Contract as at an end.
5. Title
5.1 The Vendor warrants to the Purchaser that, at completion:
(a) The Organ will not be encumbered in any way;
(b) The Organ will be the absolute property of the Vendor, or the Vendor will
have the power to require a transfer of the Organ to the Purchaser; and
(c) The Vendor indemnifies the Purchaser against all liability of that kind.
6. Purchaser’s Default
6.1 If the Purchaser fails to complete the purchase as provided in this Contract, then,
unless the failure is due to the Vendor’s wilful default the Vendor may resell the
Organ in any manner and on any terms the Vendor chooses. Any profit on resale
will belong to the Vendor but the Vendor shall not be able to claim any loss on
resale from the Purchaser.
7. Nominee
7.1 The Purchaser may nominate, in writing, other persons or corporations to complete
this Contract.
7.2 If the Purchaser makes a nomination, then the Purchaser remains liable to the
Vendor for the performance of all of the Purchaser’s obligations under this Contract.
8. Pending Completion
8.1 Until Completion, the Vendor is to ensure that the Organ is protected and
maintained.
9. Removal of Items not included in Sale

9.1 Prior to completion the Vendor must remove from the Organ all items not included
in the sale.
9.2 The Purchaser will not be liable to compensate the Vendor for trespass to, damage
to, or loss of items left in the Organ.
9.3 The Vendor must indemnify the Purchaser against all claims made against the
Purchaser in respect of items not included in the sale, but left in the Organ after
completion.
10. Making Good

10.1 The Purchaser will ensure its agents and contractors and APO use reasonable care
and skill in removing the Organ from the Vendor’s premises but the Purchaser, its
agents and contractors and APO will not be responsible for making good any
flooring, floor covering, wall treatment, plasterwork, woodwork or electrical
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circuitry necessitating repair as a result of the removal of the Organ from the
Vendor’s Premises except where the need for such repairs is caused by the
negligence of the Purchaser, its agents, contractors or APO.
11. Joint and Several Liability

11.1 Any liability of a party to this Contract attaches jointly and severally to each person
or corporation named as comprising that party.
12. Rights After Completion

12.1 After completion:
(a) the Purchaser retains the benefit of title warranties to the Organ; and
(b) each party retains the benefit of all provisions requiring or contemplating that
the other party do something after completion.
13. Costs and Duty

13.1 Except to the extent specified herein each party is to bear and is responsible for its
own costs in connection with the preparation, execution, completion and carrying
into effect of this agreement.
14. Notices
14.1 A notice given by one party to the other will be properly given if signed by any one
or more persons or companies constituting the party giving the notice; and it is given
either:
(a) by letter:
(i) to the receiving party personally; or
(ii) posted to or left at the address of the receiving party shown on this
Contract; or
(iii) posted to, or left at the office of the receiving party’s solicitor; or
(b) by facsimile transmission:
(i) to the receiving party’s facsimile number shown in this Contract; or
(ii) to the office of the receiving party’s solicitor.
14.2 A notice may be signed on behalf of the giver of the notice by the givers’ solicitor.
14.3 A notice may be given to any one or more of the persons or companies constituting
the receiving party on behalf of all of them.
14.4 A posted notice will be taken to have been delivered when it would have been
delivered in the ordinary course of post.
15. Goods and Services Tax (GST Free)

15.1 In this Clause “GST” refers to Goods and Services Tax under A New Tax System
(Goods and Services Tax) Act 1999 (“the GST Act”) and the terms used have the
meanings as defined in the GST Act.
15.2 The Vendor and the Purchaser agree that the Purchase Price is inclusive of GST.
15.3 At completion the Vendor shall deliver to the Purchaser, as a precondition to
payment of the Purchase Price, a Tax Invoice made out in the name of the Parish of
All Saints South Hobart ABN 91 057 142 661 in a form which complies with the
GST Act and the regulations.
16. Time of the Essence

16.1 The Vendor shall be entitled to make time of the essence of this Contract by twenty-
one (21) days notice in writing delivered to the Purchaser or their Solicitor.
16.2 The Purchaser shall be entitled to make time of the essence of this Contract by
twenty-one (21) days notice in writing delivered to the Vendor or their Solicitor.
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17. Whole Contract

17.1 The covenants warranties agreements and conditions contained in this Contract
comprise the whole of the agreement between the parties
17.2 No further or other covenants, warranties, agreements or provisions whether in
respect of the Organ (or any part thereof) or otherwise shall be deemed to be implied
in this Contract or to arise between the parties by way of collateral or other
agreement by reason of promise, representation, warranty or undertaking given or
made by any party to another party on undertaking the execution of this Contract;
and the existence of any such implication or collateral or other agreement is hereby
expressly negatived.
17.3 Any provision in this agreement which is invalid or unenforceable in any jurisdiction
is to be read down for the purposes of that jurisdiction, if possible, so as to be valid
and enforceable, and is otherwise capable of being severed to the extent of the
invalidity or unenforceability, without affecting the validity or enforceability of that
provision in any other jurisdiction.
18. Proper law

18.1 This Contract is deemed to be made in Tasmania and shall be construed in
accordance with the laws of the State of Tasmania and the Vendor and the Purchaser
expressly submit to the jurisdiction of the Courts of Tasmania and the
Commonwealth of Australia.
19. Counterparts
19.1 This Agreement may be executed:
(a) in any number of counterparts; and
(b) by the parties to it on different counterparts; and
all counterparts taken together shall constitute the same instrument.
20. General
20.1 Waiver
The non-exercise of or delay in exercising any power or right of a party does not
operate as a waiver of that power or right, nor does any single exercise of any power
or right preclude any other or further exercise of it or the exercise of any other power
or right. A power or right may only be waived in writing, signed by the party to be
bound by the waiver.
20.2 Further assurance
Each party is to do, sign, execute and deliver and is to ensure that each of its
employees and agents does, signs, executes and delivers, all deeds, documents,
instruments and acts reasonably required of it or them by notice from another party
effectively to carry out and give full effect to this agreement and the rights and
obligations of the parties under it, both before and after Completion.
20.3 Attorneys
Each attorney who executes this agreement on behalf of a party declares the attorney
has no notice of the revocation or suspension of the power of attorney by the grantor
or in any manner of the power of attorney under the authority of which the attorney
executes this agreement and has no notice of the death of the grantor.
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Executed by HARLEY )
COMMERCIAL PTY LTD (ACN 613 ) ............................................................... Director
577 950) pursuant to Section 127 of the ) (Signature)
Corporations Act 2001 (Cth) by being )
signed by its two Directors ) Timothy William Daley
)
)
)
) ............................................................... Director/
) (Signature) Secretary
)
) Daniel James Harris
)
Either party may be at risk the Organ is damaged before completion.

Each party should protect their interest by insurance
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SCHEDULE
Specifications of Organ
GREAT
Open Diapason no 1 8 A
Open Diapason no 2 8
Claribel 8
Dulciana 8
Principal 4
Flute 4
Twelfth 2-2/3
Fifteenth 2
Swell Sub Octave to Great
Swell to Great
Swell Octave to Great
SWELL
Double Diapason 16
Open Diapason 8
Stopped Diapason 8
Viola da Gamba 8 1-12 new
Viole Celeste 8 TC
Principal 4 1-2 new
Flageolet 2 new
Mixture 19.22 II new
Trumpet 8 remade
Oboe 8
Tremulant
Swell Sub Octave
Swell Octave
PEDAL
Open Diapason 16
Bourdon 16 B
Principal 8 A
Bass Flute 8 B
Octave Quint 5-1/3 B
Fifteenth 4 A
Flute 4 B
Nachthorn 2 A
Great to Pedal
Swell to Pedal
Compass: 61/30
Detached stopkey console
Electro-pneumatic action
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ATTACHMENT A

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Australian Pipe Organs Pty Ltd
Email: office@australianpipeorgans.com.au
Web: www.australianpipeorgans.com.au
11a BOILEAU STREET PHONE: +61 3 9798 7664

KEYSBOROUGH, VICTORIA 3173 FAX: +61 3 9769 1873
AUSTRALIA AH: +61 403 880 333
QUOTE NO: 880
14TH March 2018
The Reverend Canon David O’Neill.

Rector: All Saints’ Church, South Hobart.
PO Box 191
SOUTH HOBART. Tas 7004.
Dear Father O’Neill,
Thankyou for your emailed letter of the 10th March regarding your visit to the former Trinity Uniting
Church, Launceston to view the organ currently available for disposal, due to plans to redevelop the
property there.
We are pleased that Anne Morgan and yourself inspected this instrument on Monday the 5th of this
month, were impressed with the tonal and mechanical quality of this instrument, which has been
carefully maintained until October last year when services ceased there, and which remains in good
condition.
For your interest we provide the following very brief history of this instrument.
HISTORY:
Built by prominent Australian organ builder George Fincham of Melbourne in 1880 for the Wesleyan
Methodist Church, Paterson Street, Launceston.
Following this Church’s purchase of a new larger instrument by J.E. Dodd of Adelaide in 1911 the
Fincham instrument was relocated to Margaret Street in 1914 still retaining its mechanical action.
In 1920 it was rebuilt by George Fincham & Sons at which time the action was converted to tubular-
pneumatic and three new stops added.

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In 1975 the action was converted to electro-pneumatic, a new console and wind system provided
and the manual compass of all stops extended to 61 notes, this work being carried out by K.R. Davis
and Son of Launceston.
In 1985 a new blower was provided, all metal pipework revoiced and regulated to prompt and even
speech, the main slider windchests restored and two new stops provided.
This work was carried out by Australian Pipe Organs P/L of Melbourne.
This is one of the larger and more comprehensive pipe organs in Tasmania and particularly because
of its historical significance and quality we believe that it is most important that it remains in
Tasmania as part of the state’s cultural heritage.
Because of the sale of this former Church property to a developer and plans for its redevelopment it
is clear that this fine instrument does not have a future in its present location, and therefore we are
delighted at the possible prospect of its move to All Saints’ Church, South Hobart, where we know it
will be put to a much greater use than it has had at Launceston for many years.
Our company has had considerable experience in the relocation and restoration of instruments of
historical significance, in fact we are currently restoring a very interesting small two manual C1867
Hamlin & Sons London instrument for St. Paul’s Anglican Church Clunes, again a small very historic
ex-gold rush town in Central Victoria, and in the nearby town of Talbot last year we restored the
1868 George Fincham instrument in St. Michael & All Angels Anglican Church.
Providing we can have the whole area currently occupied by the present instrument and the area
back to the side wall of the nave, which would involve the area of the corner exit door, the
instrument can be installed with little overall re-disposition.
As you are aware, the side extensions of the case, which include the ten bass pipes of the Great
Open Diapason No.1 stop, a later addition which dates from the Fincham rebuild of 1920 is not
original, and therefore we are suggesting that consideration should be given to restoring the case
back to its original configuration.
These bass pipes could then be relocated to the side case facing down the north aisle to form a
pleasing facade to the side case.
We advise you that there is sufficient casework available to totally enclose the instrument in any re-
configuration required for its proposed new setting.
Our proposed Work Schedule for your consideration now follows:
WORK SCHEDULE:
1. Construct new swell box front of vertical disposition and despatch to Hobart.
2. Despatch equipment and packing cases to Trinity Church, Launceston.
3. Travel Melbourne – Hobart with four organ builders.
4. Dismantle present organ in All Saints’ Church and clean site area.
5. Disconnect any mains power electrical connections to organ and console.
6. Pack instrument ready for despatch.
7. Travel Hobart- Launceston with four organ builders.
8. Dismantle and pack organ for transport to Hobart. (three days)
9. Travel to Hobart and unpack instrument ready for installation.

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10. Unpack pipework and check all wooden pipes for splits and repair if required.
11. Check all metal pipework for dents etc. and repair if required.
12. Commence installation of organ in All Saints’ Church.
13. Install blowing plant and wire up to mains power.
14. Install wind system.
15. Install new swell shutter front.
16. Reconnect main cables to console and windchests.
16. Install pipework.
17. Two organ builders to return to Melbourne.
18. Tonally refinish pipework to suit new acoustical space and overall suitability.
19. Fine tune throughout.
20. Two organ builders return to Melbourne.
QUOTATION: (Based on current costings and subject to movements in the CPI.)

Our price to carry out the work outlined in accordance with the above Work Schedule, including all
freight, travel, accommodation and meal expenses for our staff for the duration of the work but
excluding electrician’s costs involved with the disconnection and connection of any mains power for
the instruments would be: $71.380.00 plus GST.
Based on our current commitments, but subject to any incoming acceptances of existing outstanding
quotations the earliest date for commencement would be June this year with the work taking
approximately six weeks to carry out.
Assuring you of our continued best of attention, we await any further instructions you will have for
us.
Yours sincerely,
DANIEL BITTNER. (Managing Director)
Member of:
The International Society of Organ Builders.
The Incorporated Society of Organ Builders.


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PLANNING EXHIBITED

Photo shows the main entrance to the building in Balfour Street.

Close-up photo of the organ taken on the same date.

HARLEY COMMERCIAL PTY LTD

TRUSTEES OF THE DIOCESE OF TASMANIA

1. Agreement to Sell and Buy ..................................................................................................... 3

Contract for Sale of Church Organ

This Contract is made the day of May 2018

and TRUSTEES OF THE DIOCESE OF TASMANIA of 125 Macquarie Street, Hobart,

1. Agreement to Sell and Buy

9. Removal of Items not included in Sale

10. Making Good

11. Joint and Several Liability

12. Rights After Completion

13. Costs and Duty

15. Goods and Services Tax (GST Free)

16. Time of the Essence

17. Whole Contract

18. Proper law

Either party may be at risk the Organ is damaged before completion.

Document Set ID: 3809632

Australian Pipe Organs Pty Ltd

11a BOILEAU STREET PHONE: +61 3 9798 7664

QUOTE NO: 880

14TH March 2018

The Reverend Canon David O’Neill.

Dear Father O’Neill,

Document Set ID: 3809633

Our proposed Work Schedule for your consideration now follows:

Document Set ID: 3809633

QUOTATION: (Based on current costings and subject to movements in the CPI.)

DANIEL BITTNER. (Managing Director)

Document Set ID: 3809633

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