Full Court Minute Books

Case A30/2017

Pipikos v. Trayans

Case No.

A30/2017

Case Information

Lower Court Judgment

16/12/2016 Supreme Court of South Australia (Kourakis CJ, Kelly J & Hinton J)

[2016] SASCFC 138

Catchwords

Contracts – Enforceability – Past performance – Law of Property Act 1936 (SA) s 26 – Memorandum or note of agreement – Part performance – Where appellant alleges parties entered into oral agreement that appellant would pay share of deposit on property in exchange for respondent selling interest in another property – Where trial judge held no oral agreement existed – Where Full Court held agreement existed but unenforceable – Whether Full Court erred in failing to find appellant’s payment of deposit amounted to part performance sufficient to entitle appellant to enforce agreement – Whether Full Court erred in holding handwritten note not sufficient “memorandum or note” of agreement for purposes of s 26 – Whether Full Court erred in holding appellant not entitled to enforce agreement in circumstances where respondent acknowledged agreement – Whether Full Court erred in failing to consider concessions in handwritten note to identify acts of part performance.

Short particulars

Documents

18/08/2017 Hearing (SLA, Melbourne v/link Adelaide)

31/08/2017 Notice of appeal

22/09/2017 Written submissions (Appellant)

22/09/2017 Chronology (Appellant)

23/10/2017 Written submissions (Respondent)

23/11/2017 Reply (Appellant)

14/12/2017 Reply to cross appeal (Respondent)

15/03/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

15/03/2018 Outline of oral argument (Appellant)

15/03/2018 Outline of oral argument (Respondent)

12/09/2018 Judgment (Judgment summary)