MLL427 – ALPSAP – Assessment 2. Student ID: 219233617 Trimester: 2 x 3 inches. Campus: Burwood -. Word Count: 1646. Memorandum Date 21 August 2024. Matter AWAD Matter No. T 22024 _ AT 2 From: Matthew George (Junior Lawyer). To: Sarah Wong (Partner). Re: ‘Equitable Doctrine of Part Performance in Awad v Walsh’. Introduction: This matter concerns the legal issues that have arisen between our client, Miss Penny Awad and Miss Siobhan Walsh, relating to the sale of an apartment in Melbourne. The primary relevant area of law appears to be the equitable doctrine of part performance, as the agreed sale was not completed. After conducting research pertaining to the matter, I can confirm that the Property Law Act 1958 (Vic) and the Instruments …show more content…
In this case, the High Court decided that if the actions taken by one party were steps that assumed the existence of a contract and another party alters their position, the agreement will still be enforceable due to party performance. Ms Walsh on the 30th of March had a disagreement with Ms Awad and informed our client that she did not want to continue with the sale of the apartment on the 31st of March, locking her out of the apartment. Thus, Walton Stores would have specific applicability to the facts of Ms. Awad’s case. Furthermore, another case of relevance is McBride v Sandland (1918) which stipulated that if the actions taken are unequivocally referable to the reliance of an existing contract, then the agreement will be considered enforceable. Ms Awad’s actions of transferring the deposit on the 1st of March and later the remaining balance on the 30th of March are both clearly in connection with the oral agreement between the two parties and thus are unequivocally referable to the reliance of a contract’s existence. It would be unconscionable for Ms Awad to be refused the completion of the agreement and lose her money simultaneously. Thus, the court would likely be favourable to enforcing the contract or restoring her loss, at the very