Lifoon Pty Ltd v Gillard; Hendriks v Gillard

In *Lifoon Pty Ltd v Gillard; Hendriks v Gillard*, the New South Wales Court of Appeal considered appeals arising from a dispute concerning a contract for the sale of land. The primary dispute involved whether a binding agreement for the sale of land had been formed, despite the absence of a formal written contract signed by all parties.

The court was required to determine two principal legal issues. Firstly, whether the requirements of section 54A of the *Conveyancing Act 1919* (NSW) had been satisfied, specifically whether a sufficient written memorandum of the agreement existed, notwithstanding an oral acceptance of a written offer. Secondly, the court considered whether the doctrine of estoppel, particularly the defence of change of position, could be invoked where a representation was only a contributory cause of the change in position.

The Court of Appeal, with Handley JA, Ipp JA, and Tobias JA comprising the bench, found that a written offer signed by the party to be charged, coupled with an oral acceptance, constituted a sufficient memorandum for the purposes of section 54A of the *Conveyancing Act 1919* (NSW). Regarding estoppel, the court held that a change of position could be a defence even if the representation was only a contributory cause of that change, provided the representation played a significant role.

In CA 40662 of 2005, the appeal was dismissed, and the appellant was ordered to pay the costs of both sets of respondents. In CA 40644 of 2005, leave to appeal was granted, and the appeal was allowed. Orders 6 and 10 of 20 July 2005 were set aside, and the proceedings were remitted to Bergin J. The respondents were ordered to pay two-thirds of the appellants' costs of the proceedings in the Court of Appeal, and a certificate under the *Suitors' Fund Act 1951* was granted to the respondents.