Section 23C of the Conveyancing Act 1919 (NSW) does not apply to executory contracts for the sale of land because the equitable interest arising under a specifically enforceable contract is not an 'interest in land' within s 23C(1)(a). The provision applies at the stage of assurance (performance), not at the stage of agreement. This means that for executory contracts involving land, only s 54A (requiring a note or memorandum signed by the party to be charged) need be satisfied, not the more stringent requirements of s 23C (requiring writing signed by the party or agent authorised in writing). A letter from a solicitor to a third party (here, a receiver) confirming that an agreement has been reached can constitute a sufficient note or memorandum for s 54A purposes, where the letter incorporates by reference the written heads of agreement.
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