Adicho v Dankeith Homes Pty Ltd

In *Adicho v Dankeith Homes Pty Ltd*, the appellant, Adicho, sought to appeal a decision concerning the sale of land. The central dispute revolved around whether a binding contract for the sale of land had been formed, particularly in light of an alleged agreement regarding the payment of a deposit that was not reflected in the written contracts exchanged between the parties. The appeal was heard by the Court of Appeal of New South Wales.

The primary legal issues before the court were whether the parties had the intention to create legal relations, given the discrepancy between the written contracts and the alleged oral agreement concerning the deposit. Furthermore, the court had to determine if a collateral agreement regarding the deposit was enforceable, or if it was rendered ineffective by its inconsistency with the main contract for sale, or by the parol evidence rule and the requirement for variations of land sale contracts to be in writing.

The Court of Appeal dismissed the appeal. The judges reasoned that the written contracts, which were exchanged and otherwise appeared to be in order, were intended to represent the entirety of the agreement between the parties. The alleged oral agreement concerning the deposit was found to be inconsistent with the terms of the written contract, and therefore could not stand as a collateral agreement. Moreover, any attempt to vary the written contract orally regarding the deposit would have been ineffective, as contracts for the sale of land are required to be in writing.

Consequently, the appeal was dismissed, and the appellant was ordered to pay the respondent's costs of the appeal.