Scott & Anor & Ross

The case of *Scott & Anor v Ross* concerned a dispute between the applicants, Mr and Mrs Scott, and the respondent, Mr Ross, regarding the ownership of a parcel of land. The applicants sought to establish a claim to the land based on an alleged oral agreement and subsequent conduct. The matter came before Ryan J in the Supreme Court of Western Australia.

The central legal issues before the court were whether an enforceable contract for the sale of land had been created by the parties, and if so, whether the applicants had established sufficient part performance to overcome the requirements of the *Statute of Frauds* (specifically, section 36(1) of the *Property Law Act 1969* (WA)). The court was required to assess the evidence of the alleged oral agreement and the actions taken by the applicants in reliance upon it.

Ryan J found that the evidence did not establish a concluded agreement for the sale of the land. His Honour considered the principles of contract formation, noting that an agreement must be sufficiently certain to be enforceable. Furthermore, even if an agreement had been found, the conduct relied upon by the applicants was not deemed by the court to be unequivocally referable to such a contract, a necessary element for establishing part performance. Consequently, the applicants' claim failed.