A contract for the sale of an interest in a marina berth sub-lease may be binding under the second Masters v Cameron category where the receipt identifies the property, price and vendor, and the formal assignment is perceived as a formality, even without a settlement date. The question whether a marina berth sub-lease constitutes an 'interest in land' for the purposes of ss 11 and 59 of the Property Law Act 1974 (Qld) was left open, though the Court expressed doubt, noting the strong argument that 'exclusive use' of a berth does not confer exclusive possession.
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