Pipikos v Trayans [2018] HCA 39
Kiefel CJ; Bell, Gageler, Keane, Nettle, Gordon & Edelman JJ
Equity – doctrine of part performance – contract for sale of land – appeal concerned question whether doctrine of part performance applied where acts of part performance relied on were ‘not unequivocally referable’ to the ‘kind of contract alleged’ – whether Full Court of the Supreme Court of South Australia was correct to conclude the doctrine did not apply – whether Court should ‘relax’ the requirement of ‘unequivocal referability’ stated in Maddison v Alderson (1883) 8 App Cas 467 – held: Court rejected appellant’s arguments – Court not satisfied to relax ‘unequivocal referability’ requirement in favour of ‘some broader principle of equity’ – appeal dismissed.
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