Pipikos v TrayansCitation:[2018] HCA 39Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:12 Sep 2018Case Number:A30/2017Read more

Pipikos v TrayansCitation:[2018] HCA 39Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:12 Sep 2018Case Number:A30/2017Read more

Acts of part performance must be unequivocally referable to the alleged agreement; mere alteration of position on the faith of the contract is insufficient to satisfy the doctrine of part performance.

Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
Australia
Judgment Date
12 September 2018
Procedural Posture
Civil / Judgment
Outcome
Appeal dismissed
Legal Topics
Part Performance, Specific Performance, Statute of Frauds, Equitable Estoppel
Equity Property Law Part Performance Specific Performance Statute of Frauds Equitable Estoppel

Case Brief

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether acts of part performance entitled appellant to specific performance of alleged agreement
  2. 2 Whether acts of part performance must be unequivocally, and in their own nature, referable to agreement of kind alleged
  3. 3 Whether it is sufficient for the purposes of the doctrine of part performance to establish that a contracting party has knowingly been induced or allowed by the counterparty to alter his or her position on the faith of the contract

Ratio Decidendi

Acts of part performance must be unequivocally referable to the alleged agreement; mere alteration of position on the faith of the contract is insufficient to satisfy the doctrine of part performance.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.