Jeremy Burnett and Wilhelmina Jacoba Burnett v Alan Stewart Cane

Jeremy Burnett and Wilhelmina Jacoba Burnett brought an action against Alan Stewart Cane, asserting that he breached a contract by failing to join them in obtaining a lease for a specific area of land. The defendant, a lessee of Crown land, had previously entered into an agreement to sub-lease part of his holding to the plaintiffs. The plaintiffs' claim hinged on whether an agreement existed between the parties that would obligate the defendant to assist in obtaining a lease for the sub-leased area, as per the terms of a deleted clause from their initial sub-lease agreement. The court had to determine if the clause was effectively part of a subsequent agreement, despite being removed from the original sub-lease document.

The court found that the crucial issue was whether there was an agreement between the parties post the deletion of the contentious clause from the sub-lease agreement. The plaintiffs argued that an obligation persisted independently of the sub-lease agreement, but the court held that the contract could only become effective upon ministerial approval, which did not occur. The court noted that the sub-lease agreement as finally registered did not include the terms of the deleted clause. Therefore, the court concluded that the plaintiffs did not provide sufficient evidence to demonstrate a continued binding agreement or obligation on the part of the defendant, leading to the finding that no breach of contract had occurred.

In its judgment, the court determined that there was no enforceable agreement between the parties that would obligate the defendant to take steps to surrender the sub-lease area and obtain a lease for the plaintiffs. The court's reasoning was based on the absence of evidence indicating an offer and acceptance or conduct consistent with an ongoing agreement post the deletion of the clause in question. Consequently, the court found that the plaintiffs' claim of breach of contract was unfounded.