11 Jan 2012
G V G HC AK CIV-2011-404-4265
- Citation
- openlaw-b1bc6347_39ce_4308_aec4_4385d12fccfe.pdf
- Court
- High Court
The High Court upheld the Family Court finding that the parties reached a binding agreement under s 21P despite the wife's initial failure to sign; the parties' mutual subsequent conduct and part performance (transfer of the Albany property to a trust and disposition of Glen Eden proceeds) established and implemented the agreement, and the writing requirements of the Property Law Act did not defeat enforcement in the circumstances; the alleged sunset clause did not form an essential term negating agreement, and the appeal was dismissed.