A party who can specifically enforce a contractual obligation to provide a deed poll on agreed terms can also enforce the covenants in the deed poll, even if those covenants solely benefit a third party. The prima facie entitlement to costs under O 66 r 3(2) of the Rules of the Supreme Court 1971 (WA) requires a positive finding of fact by the court, not merely the admission of relevant evidence at trial. Rectification is available in Western Australia where parties are mistaken as to the meaning or effect of words deliberately chosen, following Winks and Carlenka. An equitable estoppel precluding reliance on s 4 of the Statute of Frauds requires 'something more' than the oral substantive promise itself.
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