Wall v Damico Investments Pty Ltd

In *Wall and Ors v Damico Investments Pty Ltd and Anor* [1994] NSWCA 335, the New South Wales Court of Appeal considered a dispute between the appellants, Mr. and Mrs. Wall, and the respondents, Damico Investments Pty Ltd and another party. The core of the disagreement concerned the validity and enforceability of a written agreement for the sale of a property.

The primary legal issue before the Court of Appeal was whether the agreement for sale, which was not signed by all parties but was purportedly ratified by conduct, constituted a binding contract for the sale of land. This involved determining whether the requirements of section 54A of the *Conveyancing Act 1919* (NSW), which mandates that contracts for the sale of land be in writing and signed by the party to be charged, had been satisfied, and if not, whether there were any exceptions to this rule, such as part performance.

The Court analysed the evidence of the parties' conduct following the initial agreement. It considered whether the actions of the parties demonstrated an intention to be bound by the terms of the unsigned agreement, thereby potentially constituting a ratification or an exception to the strict writing requirement. The Court applied established principles of contract law regarding offer, acceptance, consideration, and the statutory requirements for contracts concerning land.

Ultimately, the Court of Appeal found that the agreement was not sufficiently ratified by conduct to overcome the statutory requirement for writing. Consequently, the Court held that there was no binding contract for the sale of the property and made orders accordingly.