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- Case
- [1927] HCA 13
- Decision Date
CaseChat Overview and Summary
The legal issues before the High Court were twofold: firstly, whether the oral agreement constituted a "special promise to answer for the debt, default or miscarriage of another" within the meaning of section 228 of the *Instruments Act 1915* (Vic), and secondly, if it did, whether there existed a sufficient note or memorandum in writing of the agreement to satisfy the statutory requirements. The appellant contended that the agreement was indeed a guarantee and that no sufficient written memorandum existed.
A majority of the High Court, comprising Knox C.J., Gavan Duffy and Starke JJ., dismissed the appeal. They found that even if the agreement was considered a special promise to answer for another's debt, a sufficient memorandum in writing was established through a series of connected correspondence between the parties' solicitors and the executed power of attorney. This documentation, when read together, contained all the essential terms of the agreement. Higgins J. concurred with the dismissal of the appeal, but on the primary ground that the agreement was not a special promise to answer for the debt of another, as the appellant's liability was confined to the proceeds of a specific asset and did not extend to his general assets. Therefore, the Statute of Frauds was not applicable.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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