STEVENS v HAYES [1989] NSWCA 200

STEVENS v HAYES [1989] NSWCA 200

There was an enforceable arrangement between the deceased and the defendants. The lack of writing did not prevent the court from ordering a division of the proceeds held, given that the parties acted under the arrangement; the benefit should be divided as agreed regardless of formalities. Any initial uncertainty in terms did not prevent enforceability given performance and conduct.

Parties
Appellant: Stevens; Respondent: Hayes; Respondent: Anna Hayes
Jurisdiction
Australia
Judgment Date
08 August 1989
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
Joint Venture, Partnership, Resulting Trust, Enforcement of Oral Agreements, Part Performance, Uncertainty in Contract
Equity Property Law Joint Venture Partnership Resulting Trust Enforcement of Oral Agreements Part Performance Uncertainty in Contract

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Stevens

Appellant

Hayes

Respondent

Anna Hayes

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether there was an enforceable agreement or arrangement between the deceased and the defendants for the purchase, renovation, and sale of the property with proceeds divided.
  2. 2 Whether the lack of writing prevented enforcement of the arrangement under the Conveyancing Act 1919.
  3. 3 Whether the agreement was unenforceable due to uncertainty.

Ratio Decidendi

There was an enforceable arrangement between the deceased and the defendants. The lack of writing did not prevent the court from ordering a division of the proceeds held, given that the parties acted under the arrangement; the benefit should be divided as agreed regardless of formalities. Any initial uncertainty in terms did not prevent enforceability given performance and conduct.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.
  • Costs of the trial remain as ordered by the trial judge, to be paid out of the moneys held in court before payment out to the parties.