Thorby v Goldberg

The High Court of Australia considered the dispute between Thorby and Goldberg concerning the enforceability of an oral agreement for the sale of land. The agreement, allegedly made in 1957, involved the sale of a property at a price of £1,500, with a deposit of £100 paid. The central issue was whether this oral agreement constituted a valid contract for the sale of land, notwithstanding the absence of a written memorandum sufficient to satisfy the Statute of Frauds.

The High Court was required to determine whether the oral agreement was sufficiently established and, if so, whether it was enforceable in equity. Specifically, the court had to consider whether the payment of the deposit and the alleged part performance of the agreement were sufficient to overcome the requirement for a written contract under the Statute of Frauds, and whether the terms of the oral agreement were sufficiently clear and certain to be enforced.

The court found that the evidence did not establish with sufficient certainty that an oral agreement for the sale of the land had been concluded between the parties. The terms of the alleged agreement were not sufficiently precise to allow for specific performance. Consequently, the High Court held that there was no enforceable contract for the sale of land, and therefore no basis for the plaintiff's claim. The appeal was dismissed.