CORBAN v LEVETT and ANOR [1996] NSWCA 120

CORBAN v LEVETT and ANOR [1996] NSWCA 120

There was no binding agreement for the sale of the land because the respondents did not intend to be contractually bound unless and until formal contracts were exchanged. The evidence and conduct of the parties did not support an immediate intention to be bound, and any consensus reached was subject to contract.

Parties
Appellant: Corban; Respondent: Levett; Respondent: Mrs Levett
Jurisdiction
Australia
Judgment Date
22 October 1996
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Sale of Land, Formation of Contract, Intention to Be Bound, Oral Contract, Estoppel
Contract Sale of Land Formation of Contract Intention to Be Bound Oral Contract Estoppel

Case Brief

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Parties

Corban

Appellant

Levett

Respondent

Mrs Levett

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether there was a binding and enforceable agreement for the sale of land
  2. 2 Whether the parties intended to be bound without formal exchange of contracts
  3. 3 Whether respondents were estopped from denying existence of contract

Ratio Decidendi

There was no binding agreement for the sale of the land because the respondents did not intend to be contractually bound unless and until formal contracts were exchanged. The evidence and conduct of the parties did not support an immediate intention to be bound, and any consensus reached was subject to contract.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.