Wikiversity Law Reports/Perpetual Executors and Trustees v Russell

Perpetual Executors & Trustees Association of Australia Ltd v Russell [1931] HCA 7; (1931) 45 CLR 146

This is a Wikiversity Law Report.

Summary Equity does not simply nullify the Statute of Frauds.

High Court of Australia      on appeal from the Supreme Court of Victoria Duffy CJ Starke J McTiernan J

Facts X leased land to D and granted D an option to buy the land, which D exercised. However, there was nothing in writing to satisfy the Statute of Frauds. X died. X's executor sued for a declaration that the land, never having being validly transferred to D, belonged to X's estate.

Held The Statute of Frauds prohibits a defendant from relying on a non-complying agreement as a defence. (That is, just because you are a defendant rather than a plaintiff does not mean you are not trying to 'enforce' the agreement as prohibited by the Statute.) The mere existence of an agreement that does not comply with the Statute of Frauds does not by itself confer a right to specific performance of that agreement.

Notes [1931] HCA 7 (1931) 45 CLR 146 Networked Knowledge Contract Law Casenote: Perpetual Executors & Trustees Association of Australia Ltd v Russell