Gomes v Guerreiro

In *Gomes v Guerreiro* [1991] NSWCA 125, the New South Wales Court of Appeal considered a dispute between the plaintiff, Gomes, and the defendant, Guerreiro, concerning the enforceability of a contract for the sale of land. The primary issue before the court was whether the contract, which was alleged to have been entered into orally, was sufficiently evidenced in writing to satisfy the requirements of the *Statute of Frauds*.

The court was required to determine whether the oral agreement for the sale of land was legally binding, given the absence of a formal written contract signed by both parties. This involved an examination of the principles governing the formation of contracts for the sale of land and the specific evidentiary requirements imposed by legislation designed to prevent fraud and perjury in such transactions.

The Court of Appeal held that an oral agreement for the sale of land, even if proven to have been made, was unenforceable unless there was a sufficient note or memorandum in writing signed by the party to be charged. The court found that the evidence presented did not establish the existence of a written memorandum that satisfied the statutory requirements. Consequently, the oral agreement was deemed void and unenforceable.