Marks v Perham (No 2)

The appeal was brought by the plaintiff, Marks, against the defendant, Perham, in the Supreme Court of New South Wales. The dispute centred on the validity of a contract for the sale of land and the enforceability of a settlement agreement that was reached following negotiations. The primary judge's decision to dismiss Marks' claim for specific performance of the contract was contested by Marks on appeal.

The key legal issue before the court was whether the settlement agreement reached between the parties constituted a binding contract. Marks argued that the settlement agreement, which was signed by both parties and included terms for the sale of land, was enforceable. Perham contended that the agreement was not binding as it lacked essential terms, such as the price and completion date, and therefore could not be enforced.

The court found that the settlement agreement did not contain essential terms necessary for the contract to be enforceable. It was determined that the agreement was not a final and complete contract but rather a preliminary document that required further negotiation and agreement on key terms. Consequently, the court upheld the primary judge's decision to dismiss Marks' claim for specific performance, finding that the settlement agreement did not constitute a binding contract. The appeal was dismissed with no orders for costs.