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)
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.
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)