Kent v Hogarth

[1995] QCA 472

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

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Interrogate

Catchwords

1. Contract
2. › Formation
3. › Offer and acceptance
4. › Whether oral acceptance to solicitor constituted binding agreement
5. › Whether formal documentation required before binding contract arose
6. › Masters v Cameron categories
1. Contract
2. › Formation
3. › Authority of agents
4. › Solicitor's authority
5. › Whether solicitor had actual or ostensible authority to enter into oral contract on behalf of client
6. › Whether authority to negotiate extends to authority to contract
1. Landlord and Tenant
2. › Lease
3. › Option to renew
4. › Failure to exercise option within stipulated time
5. › Whether subsequent negotiations created fresh agreement for extension
1. Evidence
2. › Credibility
3. › Trial judge's findings on credibility
4. › Whether unchallenged evidence must be accepted
5. › Rule in Browne v Dunn
6. › Standard of appellate review of credibility findings

Quick Take

A solicitor authorised to negotiate and communicate the terms of a proposed lease extension does not, without more, have actual or ostensible authority to conclude a binding oral agreement on behalf of the client. Where formal documentation is contemplated, the parties are not bound until execution of that documentation. A deed of extension that materially departs from the terms previously communicated constitutes at best a fresh offer, not a formalisation of an existing agreement.