Vasiljevic v Gabibova

The High Court of Australia considered an appeal from a decision of the Supreme Court of New South Wales in a dispute between the appellant, Mr Vasiljevic, and the respondent, Ms Gabibova. The case concerned the enforceability of an alleged oral agreement for the sale of a property.

The central legal issue before the High Court was whether the oral agreement for the sale of land was sufficiently evidenced in writing to satisfy the requirements of section 54A of the Conveyancing Act 1919 (NSW), or alternatively, whether the doctrine of part performance could be invoked to overcome the absence of a written agreement.

The Court analysed the principles governing the enforceability of contracts for the sale of land, particularly the requirement for a note or memorandum in writing. It considered the nature of the evidence required to establish part performance, focusing on whether the acts relied upon by the appellant were unequivocally referable to the alleged oral agreement. The Court found that the acts of part performance were not sufficiently connected to the alleged agreement to satisfy the equitable doctrine.

Consequently, the High Court dismissed the appeal, upholding the decision of the Supreme Court of New South Wales.