Clarke v Tyler [1949] HCA 34

Clarke v Tyler [1949] HCA 34

The Agricultural Holdings Act 1941 applied to the parties' share-farming agreement and, through s. 24 (1), invalidated a notice to quit that would terminate the use and occupation before the expiration of twelve months from the end of the current year. The agreement, although orally made and otherwise terminable on reasonable notice, therefore had a legal character that made performance by either party within one year from its making impossible. Because it was not evidenced by a signed writing, s. 4 of the Statute of Frauds barred the appellant's claim for breach of that agreement.

Jurisdiction
Australia
Procedural Posture
Appeal in an Action for Damages for Breach of an Oral Share Farming Agreement / High Court Appeal From an Order of the Full Court of the Supreme Court of New South Wales Dismissing Appeals From Owen J.
Outcome
Appeal dismissed with costs.
Legal Topics
['oral Agreement' 'agreement Not to Be Performed Within One Year' 'notice to Quit' 'reasonable Notice' 'enforceability Without Writing']
['contract Law' 'statute of Frauds' 'agricultural Holdings' 'share Farming Agreements' 'landlord and Tenant'] ['oral Agreement' 'agreement Not to Be Performed Within One Year' 'notice to Quit' 'reasonable Notice' 'enforceability Without Writing']

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Procedural Posture

Appeal in an Action for Damages for Breach of an Oral Share Farming Agreement / High Court Appeal From an Order of the Full Court of the Supreme Court of New South Wales Dismissing Appeals From Owen J.

Legal Issues

  1. 1 ['Whether the oral share-farming agreement was an agreement not to be performed within the space of one year from the making thereof within s. 4 of the Statute of Frauds.' 'Whether s. 24 (1) of the Agricultural Holdings Act 1941 applied to the share-farming agreement so as to prevent termination by notice within the relevant period.' 'Whether a notice to quit under s. 24 (1) could be given by either party or only by the landlord.' 'Whether statutory provisions affecting duration can make an otherwise terminable oral agreement fall within the Statute of Frauds.']

Ratio Decidendi

The Agricultural Holdings Act 1941 applied to the parties' share-farming agreement and, through s. 24 (1), invalidated a notice to quit that would terminate the use and occupation before the expiration of twelve months from the end of the current year. The agreement, although orally made and otherwise terminable on reasonable notice, therefore had a legal character that made performance by either party within one year from its making impossible. Because it was not evidenced by a signed writing, s. 4 of the Statute of Frauds barred the appellant's claim for breach of that agreement.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']