Turner v Bladin [1951] HCA 13

Turner v Bladin [1951] HCA 13

The oral agreement between the parties for the sale of the business, including rights to quarry, was sufficiently certain and assignable. Part performance (entry into possession, payment of deposit) rendered s.128 of the Instruments Act no defence to specific performance. Specific performance may be decreed where instalments are payable in the future, and court may provide for overdue payments and liberty to apply for future payments. Any alleged promise to obtain a licence was waived, as the defendant acquired it directly and fulfilled the agreement's underlying purpose.

Jurisdiction
Australia
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs; judgment below modified.
Legal Topics
['specific Performance' 'oral Contracts' 'statute of Frauds' 'sale of Business' 'sale of Interest in Land']
['contract Law' 'equity'] ['specific Performance' 'oral Contracts' 'statute of Frauds' 'sale of Business' 'sale of Interest in Land']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Was there a binding oral agreement for the sale of the quarry business, including an assignable interest in land?' 'Is the agreement enforceable despite s.128 of the Instruments Act (Statute of Frauds)?' 'Is specific performance an available remedy given that instalments are payable in the future and parties’ obligations not all presently performable?' 'Were alleged conditions relating to obtaining a licence from the landowner fulfilled or waived?']

Ratio Decidendi

The oral agreement between the parties for the sale of the business, including rights to quarry, was sufficiently certain and assignable. Part performance (entry into possession, payment of deposit) rendered s.128 of the Instruments Act no defence to specific performance. Specific performance may be decreed where instalments are payable in the future, and court may provide for overdue payments and liberty to apply for future payments. Any alleged promise to obtain a licence was waived, as the defendant acquired it directly and fulfilled the agreement's underlying purpose.

Court Disposition

Appeal dismissed with costs; judgment below modified.

Orders

  • ['Declare oral agreement for sale for £7,500; terms as specified in modified judgment.' 'Order for specific performance, except as waived by defendant.' 'Order that defendant pay £4,500 with interest at 3% on £5,400 from 1 October 1945 to the date of judgment within twenty-eight days.' 'Liberty to apply to Supreme...