An informal 'Agreement to Purchase' prepared by a real estate agent on a pro forma template, containing all essential terms for a sale of land but contemplating a further formal contract, may constitute an immediately binding contract falling within the fourth Masters v Cameron category. The absence of a vendor's statement under s 32 of the Sale of Land Act 1962 (Vic) does not preclude the existence of a binding contract. A non-party whose own contract contains a rescission clause anticipating the very contingency that has occurred, and who actively assisted the vendor's attempt to thwart the prior agreement, faces significant discretionary obstacles to obtaining leave to appeal against a specific performance order where both contracting parties are content to comply.
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