The appellant worked on his family's dairy farm for 24 years, alleging an oral agreement with his parents that he would receive the farm property and assets when they stopped farming.
After his father died without transferring the farm or changing his will, the appellant brought an action for a declaration of beneficial entitlement.
The trial judge dismissed the action, finding no oral agreement due to the lack of signed documents and rejecting the application of the doctrine of part performance.
The Court of Appeal allowed the appeal, holding that the trial judge erred in law by requiring written documents for an oral agreement and by incorrectly applying the doctrine of part performance.
A new trial was ordered on all issues.