Johnson v Hallam

Case [2015] WASC 149


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION:   JOHNSON -v- HALLAM [2015] WASC 149

CORAM:   ACTING MASTER GETHING

HEARD:   21 APRIL 2015

DELIVERED          :   30 APRIL 2015

FILE NO/S:   CIV 2030 of 2014

BETWEEN:   FRANK PETER JOHNSON

Plaintiff

AND

PETER ROBERT HALLAM
Defendant

Catchwords:

Summary judgment - Application by defendant - Disposal of interest in land not in writing - Part performance

Legislation:

Property Law Act 1969 (WA), s 34, s 36
Rules of the Supreme Court 1971 (WA), O 16

Result:

Claim dismissed with costs

Category:    B

Representation:

Counsel:

Plaintiff:     Mr A R W Bower

Defendant:     Mr T M Retallack

Solicitors:

Plaintiff:     Corser & Corser

Defendant:     Culshaw Miller

Case(s) referred to in judgment(s):

Adamson v Hayes [1973] HCA 6; (1973) 130 CLR 276

Agar v Hyde [2000] HCA 41; (2000) 201 CLR 552

Alcoa of Australia Ltd v Apache Energy Ltd [2012] WASC 209

Anderson v Effexseven (1998) 10 ANZ Ins Cas 61‑424

Ansearch Ltd v Wavtech Pty Ltd [2006] WASC 184

Australian Can Co Pty Ltd v Levin & Co Pty Ltd [1947] VLR 332

Bank of Western Australia v Stein [2005] WASC 43

Barrick Gold of Australia Ltd v F L Smidth Inc [2007] WASC 186

Batistatos v Roads and Traffic Authority of New South Wales [2006] HCA 27; (2006) 226 CLR 256

Eng Mee Yong v Letchumanan [1980] AC 331

Fancourt v Mercantile Credits Ltd [1983] HCA 25; (1983) 154 CLR 87

Forsayth NL v Northern Gold NL (Unreported, WASCA, Library No 940012, 20 January 1994)

Gallo v Dawson [1990] HCA 30; (1990) 64 ALJR 458

GEL Custodians Pty Ltd v Dewar [2014] WASC 177

General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 25; (1964) 112 CLR 125

Jacka Nominees Pty Ltd (in liq) v Edwards Karwacki Smith & Co Pty Ltd (Unreported, WASC, Library No 920512, 12 October 1992)

Lighting by Design (Aust) Pty Ltd v Cannington Nominees Pty Ltd [2008] WASCA 23

Lois Nominees Pty Ltd v QBE Insurance (Australia) Ltd [2011] WASC 208

Masters v Cameron [1954] HCA 72; (1954) 91 CLR 353

McBride v Sandland [1918] HCA 32; (1918) 25 CLR 69

Redden v Wilks [1979] WAR 161

RHG Mortgage Corporation Ltd v Schafer [2014] WASC 297

Secola v McCann [No 2] [2011] WASC 342

Shepherd v Baster [2005] WASC 23

SMEC Australia Pty Ltd v Valentine Falls Estate Pty Ltd [2011] WASCA 138

Spencer v Commonwealth of Australia [2010] HCA 28; (2010) 241 CLR 118

Webster v Lampard [1993] HCA 57; (1993) 177 CLR 598

WMC Resources Ltd v Roche Mining Pty Ltd [2004] WASC 76

  1. ACTING MASTER GETHING:  Peter Robert Hallam and Deborah Anne Tschirpig (Owners) are the registered proprietors of a property on Highbridge Way in Karrinyup (Property).  In March 2013, the Owners leased the Property to Frank Peter Johnson and Jane Eva Johnson (Tenants).  The term of the lease was 12 months, expiring 28 February 2014.  Since August 2013 the Tenants have…

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Johnson v Hallam [2015] WASC 149
Case
[2015] WASC 149
Decision Date

CaseChat Overview and Summary

The case of Johnson v Hallam involved a dispute over the ownership of land between the plaintiff, Johnson, and the defendant, Hallam. The plaintiff claimed that the defendant had orally agreed to transfer to him an interest in a property, and that he had relied on this agreement to his detriment by making substantial improvements to the property. The defendant denied the existence of any such agreement and sought summary judgment on the grounds that any agreement would be unenforceable under the doctrine of part performance. The matter was heard in the Supreme Court of Victoria.

The primary legal issue before the court was whether the doctrine of part performance could be invoked to enforce an oral agreement for the transfer of an interest in land, where the agreement was not evidenced in writing. The court had to consider whether the plaintiff had sufficiently demonstrated that he had acted to his detriment in reliance on the oral agreement, and whether this reliance was sufficiently linked to the defendant's interest in the land to justify the enforcement of the oral agreement.

The court held that the doctrine of part performance could be invoked in this situation, provided that the plaintiff could demonstrate that he had acted to his detriment in reliance on the oral agreement, and that this reliance was sufficiently linked to the defendant's interest in the land. The court found that the plaintiff had made substantial improvements to the property in reliance on the oral agreement, and that these improvements were closely linked to the defendant's interest in the land. The court therefore rejected the defendant's application for summary judgment and ordered that the matter proceed to trial.

The court made no final orders in the decision, as the matter was to proceed to trial. However, the decision was significant in clarifying the circumstances in which the doctrine of part performance could be invoked to enforce an oral agreement for the transfer of an interest in land. The court held that the doctrine could be applied where the plaintiff could demonstrate that he had acted to his detriment in reliance on the oral agreement, and that this reliance was sufficiently linked to the defendant's interest in the land. This decision provides guidance to parties seeking to enforce oral agreements for the transfer of land interests, and may have implications for future cases in this area of law.

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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