Singer v Berghouse

The High Court of Australia considered an appeal from the Supreme Court of New South Wales in *Singer v Berghouse*. The dispute concerned a contract for the sale of land, where the purchasers, the Singers, sought to enforce the agreement against the vendor, Berghouse. The central issue was whether the contract, which was in writing but lacked a formal signature by the vendor, was nevertheless enforceable against the vendor.

The High Court was required to determine whether the vendor's conduct constituted sufficient part performance to take the agreement out of the Statute of Frauds, thereby allowing for its specific performance despite the absence of a signature. This involved an examination of the principles governing part performance, particularly the nature of the acts relied upon and their connection to the alleged agreement. The court also considered whether the vendor's conduct, in light of the surrounding circumstances and the terms of the written agreement, demonstrated an intention to be bound by the contract.

The majority of the High Court held that the vendor's actions, including accepting a deposit and entering into possession of the property, were unequivocally referable to a contract for the sale of the land. Applying the doctrine of part performance, the court found that these acts were such as to render it inequitable for the vendor to rely on the Statute of Frauds to resist specific performance. The legal principle applied was that where a party has acted to their detriment in reliance on an oral agreement for the sale of land, and those acts are unequivocally referable to such an agreement, equity will intervene to prevent the Statute of Frauds from being used as an instrument of fraud.

The High Court allowed the appeal, setting aside the order of the Supreme Court and remitting the matter to the Supreme Court for further proceedings consistent with the judgment.