Kokl v Kablar

The New South Wales Court of Appeal considered a dispute between the appellant, Kokl, and the respondent, Kablar, concerning the enforceability of a contract for the sale of land. The central issue revolved around whether the contract, which was alleged to have been entered into orally, satisfied the requirements of the *Statute of Frauds* (now largely superseded by the *Conveyancing Act 1919* (NSW) but relevant to the historical context of the dispute).

The court was required to determine whether there was sufficient evidence of a concluded oral agreement for the sale of land, and if so, whether that agreement was enforceable in equity despite the absence of a written memorandum signed by the parties. Specifically, the court had to consider whether part performance of the alleged oral agreement could operate to take it out of the Statute of Frauds.

The Court of Appeal found that the evidence did not establish a concluded oral agreement for the sale of the land. Even if an agreement had been reached, the court held that the acts relied upon by the appellant did not constitute sufficient part performance to attract the equitable remedy of specific performance. The principles applied focused on the need for clear and unequivocal acts of part performance that were referable to the alleged oral agreement, and the absence of such acts meant the Statute of Frauds remained a bar to enforcement.

Consequently, the appeal was dismissed, and the orders of the lower court were affirmed.