Ferguson v Singler

Ferguson (the applicant) sought to appeal against a decision of the Full Court of the Federal Court of Australia, which had dismissed his appeal from a judgment of a single judge of that Court. The dispute concerned the applicant's entitlement to a share of the proceeds of sale of a property. The applicant alleged that he had entered into an agreement with the respondent, Singler, whereby he was to receive a portion of the sale proceeds in return for his assistance in facilitating the sale. The respondent denied the existence of such an agreement.

The High Court was required to determine whether the primary judge and the Full Court had erred in finding that no enforceable agreement existed between the parties. Specifically, the Court considered whether the evidence supported a finding that there was a concluded agreement, and if so, whether that agreement was sufficiently certain to be enforced. The Court also had to consider the application of the principles relating to the formation of contracts, including offer, acceptance, and consideration.

In their joint reasons, Hayne and Heydon JJ found that the evidence did not establish a concluded agreement. Their Honours noted that the applicant's own evidence suggested that the terms of any proposed arrangement remained uncertain and subject to further negotiation. The Court emphasised that for a contract to be enforceable, there must be a clear and unequivocal agreement on all essential terms. Without such certainty, the court could not infer the existence of a binding contract.

The High Court dismissed the applicant's appeal.