‘Pipikos v Trayans’ - The High Court Revisits Part Performance

Leeming, Mark

‘Pipikos v Trayans’ - The High Court Revisits Part Performance

Leeming, M., "'Pipikos v Trayans' - The High Court Revisits Part Performance", Australian Law Journal, 93, 2019, pp. 91-94

Sydney Law School Research Paper No. 20/22

8 Pages Posted: 9 Apr 2020

See all articles by Mark Leeming

Mark Leeming

The University of Sydney Law School

Date Written: April 2020

Abstract

This case note on Pipikos v Trayans [2018] HCA 39 explains the Australian High Court's affirmation of the traditional test for part performance of acts unequivocally and of their own nature referable to an agreement, rejecting the more relaxed test in Canada and some United States jurisdictions, and emphasising the roles played by statute and legal history in the formulation of legal principle.

Keywords: Part performance, acts unequivocally referable, Maddison v Alderson, statute, legal history

JEL Classification: K10, K30

Suggested Citation: Suggested Citation

Leeming, Mark, ‘Pipikos v Trayans’ - The High Court Revisits Part Performance (April 2020). Leeming, M., "'Pipikos v Trayans' - The High Court Revisits Part Performance", Australian Law Journal, 93, 2019, pp. 91-94, Sydney Law School Research Paper No. 20/22, Available at SSRN: https://ssrn.com/abstract=3569332