Levingston v Levingston

[2017] WASCA 91

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Contract
2. › Formation
3. › Intention to create legal relations
4. › Objective assessment
5. › Whether letter to solicitor signed by two clients constituted agreement between clients
6. › Letter of instruction to solicitor distinguished from contractual agreement
1. Contract
2. › Formation
3. › Offer and acceptance
4. › Whether joint letter to third party solicitor capable of constituting offer and acceptance between signatories
1. Equity
2. › Estoppel
3. › Equitable estoppel
4. › Elements
5. › Proof of representation and reliance
6. › Credibility findings on appeal
1. Appeal
2. › Standard of appellate review
3. › Findings of fact based on credibility
4. › Whether findings flawed by reference to incontrovertible facts or glaringly improbable

Quick Take

A letter signed by two parties and sent to their solicitor seeking legal advice does not, without more, constitute a binding contract between the signatories. Joint instructions to a solicitor do not imply that the parties have entered into binding obligations to each other regarding the subject matter of those instructions. The case also confirms the high threshold for overturning trial judge credibility findings on appeal.