An agreement by one party to 'take over' another's contract with a third party is not a novation requiring the third party's consent; it is an independent contractual obligation binding the promisor to take all necessary steps to become the contracting party, with the promisor assuming the risk that the third party may not agree. The doctrine of part performance may answer a s 54A Conveyancing Act defence where the acts relied upon include rescission of prior contracts, entry into a new building contract, and correspondence with purchasers, being acts unequivocally referable to the alleged agreement. A party cannot raise on appeal the point that part performance is available only in equity where that point was not taken at trial and would have materially altered the opposing party's conduct of the case.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.