Moffatt Property Development Group P/L v Hebron Park P/L

[2009] QCA 60

Queensland Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Contract
2. › Formation
3. › Offer and acceptance
4. › Agreements contemplating execution of formal document
5. › Whether concluded contract
6. › Masters v Cameron categories
7. › Whether parties intended to be immediately bound where offer described as 'unconditional' and acceptance unqualified
8. › Whether contemplated preparation of Put and Call by purchaser's lawyer was condition precedent or drafting exercise
1. Contract
2. › Formation
3. › Certainty of terms
4. › Incompleteness
5. › Whether terms of Put and Call option sufficiently certain
6. › Whether implied terms and considerations of reasonableness supply gaps in agreement
7. › Whether absence of agreement on further terms renders contract void for uncertainty
1. Conveyancing
2. › Statutory obligations on vendor
3. › Property Agents and Motor Dealers Act 2000 (Qld)
4. › Non-compliance with PAMDA requirements
5. › Whether non-compliance renders agreement non-binding
6. › Property Agents and Motor Dealers Act 2000 (Qld), ss 366B, 366D, 367
1. Contract
2. › Statute of Frauds
3. › Note or memorandum
4. › Description of parties
5. › Whether correspondence identifies purchaser as party to contract
6. › Whether omission of proprietary limited designation fatal
7. › Property Law Act 1974 (Qld), s 59

Quick Take

Where an offer for the sale of land is expressly described as 'unconditional' and is accepted without qualification, the contemplated preparation of a formal contract (such as a Put and Call option) by one party's lawyer is a drafting exercise to implement the concluded bargain, not a condition precedent to the existence of a binding contract.