De Winter v Johnstone

In *De Winter v Johnstone*, the New South Wales Court of Appeal considered a dispute between the appellant, De Winter, and the respondent, Johnstone. The case concerned the enforceability of a contract for the sale of land, specifically whether the contract was void for uncertainty or for failure to comply with the requirements of the *Conveyancing Act 1919* (NSW).

The primary legal issues before the Court of Appeal were whether the written agreement for the sale of land contained sufficient certainty regarding the essential terms of the contract, and whether the agreement satisfied the requirements of section 54A of the *Conveyancing Act 1919* (NSW) concerning the need for a note or memorandum in writing signed by the party to be charged.

The Court of Appeal, applying established principles of contract law, found that the agreement was sufficiently certain to be enforceable. It held that the essential terms, including the parties, the property, and the price, were ascertainable from the written document. Furthermore, the Court determined that the document constituted a sufficient note or memorandum in writing for the purposes of section 54A of the *Conveyancing Act 1919* (NSW), as it contained all the material terms of the agreement and was signed by the party to be charged.

The Court of Appeal allowed the appeal, finding that the contract was valid and enforceable.