Clarke v Tyler [1949] HCA 34

Clarke v Tyler [1949] HCA 34

An oral share-farming agreement of unspecified duration, made to commence at a future date, is, under the Agricultural Holdings Act 1941 (NSW), not to be performed within one year and thus, in the absence of a written memorandum, unenforceable under s.4 of the Statute of Frauds. The statutory imposition of minimum duration is incorporated into the agreement, overriding the parties' silence as to term.

Parties
Appellant; Plaintiff: William James Clarke; Respondent; Defendant: Philip Lincoln Tyler
Jurisdiction
Australia
Procedural Posture
Appeal / On Appeal From the Supreme Court of New South Wales (full Court), After Appeal From Trial at First Instance Before Owen J.
Outcome
Appeal dismissed with costs.
Legal Topics
Share Farming Agreements, Oral Contracts, Statute of Frauds, Agreement Duration, Agricultural Holdings Act 1941 (nsw)
Contract Law Property Law Agriculture Law Share Farming Agreements Oral Contracts Statute of Frauds Agreement Duration Agricultural Holdings Act 1941 (nsw)

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Parties

William James Clarke

Appellant; Plaintiff

Philip Lincoln Tyler

Respondent; Defendant

Procedural Posture

Appeal / On Appeal From the Supreme Court of New South Wales (full Court), After Appeal From Trial at First Instance Before Owen J.

Legal Issues

  1. 1 Whether an oral share-farming agreement not specifying duration is unenforceable under the Statute of Frauds as being not to be performed within one year due to operation of the Agricultural Holdings Act 1941 (NSW)
  2. 2 Whether the statutory minimum duration applies notwithstanding the parties' silence as to term
  3. 3 Whether the absence of a written memorandum bars an action for damages for breach of such an agreement

Ratio Decidendi

An oral share-farming agreement of unspecified duration, made to commence at a future date, is, under the Agricultural Holdings Act 1941 (NSW), not to be performed within one year and thus, in the absence of a written memorandum, unenforceable under s.4 of the Statute of Frauds. The statutory imposition of minimum duration is incorporated into the agreement, overriding the parties' silence as to term.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.