Booker Industries v Wilson Parking (Qld) (1982) 149 CLR 600

Booker and Wilson entered into an agreement to rent a car park and service station.
When they made the agreement, they were still trying to settle on an rent amount.
The contract stipulated if they could not agree on a rent, then a 3rd party arbitrator would decide.
They could not decide on a rental amount.
Wilson tried to exercise this option but Booker said that the contract was unenforceable due to uncertainty – i.e. it was just an agreement to agree.

The Court held that the agreement was enforceable.
Had the agreement not specified a mechanism to resolve the issue, then it would have been unenforceable.
However, because the parties had agreed on what to do if they could not agree, then the agreement was complete and therefore enforceable.

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