45 Counsel for the respondent also relied upon Carberry v Gardiner (1936) SR (NSW) 559. In that case, at 567 - 568, so far as land under common law title was concerned, Jordan CJ (with whom Stephen J agreed) considered the application of s 3 of the Statute of Frauds, which was replaced in New South Wales by s 23B of the Conveyancing Act 1919 (NSW) ("Conveyancing Act")which, in turn, adopted a provision introduced in England by 8 and 9 Vic Chap 106. This required that no assurance of land shall be relied upon to pass an interest at law unless by deed, except for relevant purposes, a lease or tenancy not required by law to be in writing. Agreements to grant a lease, as distinct from the grant itself, came within the Statute of Frauds, as replaced by s 54A of the Conveyancing Act, which required that no action could be brought to charge any person upon any contract or sale of land, or any interest therein, unless the agreement or some memorandum or note thereof was in writing and duly signed. Where the agreement for a lease was not in writing, it followed from the Statute of Frauds that the lease could create a tenancy at will at common law. If, however, the lessee entered into an oral lease for a term, he became a tenant at will by virtue of his entry. If he then paid rent in circumstances that would lead to a different conclusion, that would proceed. If nothing else appeared, but the rental payment implied a yearly tenancy, the tenancy at will would be substituted by a common law tenancy from year to year.