Aslan v Shehadie

In *Aslan v Shehadie* [1998] NSWCA 19, the New South Wales Court of Appeal considered a dispute concerning the enforceability of an oral agreement for the sale of land. The appellant, Mr Aslan, sought to enforce an alleged oral agreement against the respondents, Mr and Mrs Shehadie, who denied the existence of such an agreement.

The primary legal issue before the Court of Appeal was whether the alleged oral agreement for the sale of land was sufficiently established and, if so, whether it was enforceable given the requirements of the *Statute of Frauds*. Specifically, the Court had to determine if there was sufficient evidence of a concluded agreement and whether any part performance could overcome the statutory bar to enforcing oral contracts for the sale of land.

The Court of Appeal, in its reasoning, analysed the evidence presented by both parties regarding the alleged oral agreement. It applied the principles of contract formation, focusing on whether there was a clear offer, acceptance, and intention to create legal relations. Furthermore, the Court considered the doctrine of part performance, examining whether the actions of the appellant unequivocally indicated the existence of a contract for the sale of land, thereby justifying equitable intervention to prevent the respondents from relying on the Statute of Frauds.

The Court of Appeal found that the evidence did not establish a concluded oral agreement for the sale of land. Consequently, the appeal was dismissed, and the orders of the primary judge were affirmed.