Brown v Tavern Operator Pty Ltd

[2018] NSWSC 1290

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Equity
2. › Equitable interests in property
3. › Claim by plaintiff to a one-half beneficial interest in real property and other assets pursuant to a document purportedly executed as a deed
4. › Finding that defendants’ execution of the purported deed was not witnessed by the person who later signed the document as a witness
5. › Held the document was not validly executed as a deed
1. Contracts
2. › Formation
3. › Whether the purported deed was enforceable as a contract entered into between the plaintiff and the defendants for good consideration
4. › Held that the only consideration for the agreement recorded in the purported deed was past consideration and that the defendants’ subsequent conduct did not otherwise amount to acceptance of the purported deed
5. › Held there was no implicit acceptance by the taking of a benefit under the purported deed
1. Deeds
2. › Whether valid attestation of purported deed where person present at time of signing later attests in affidavit to the witnessing of the execution of the deed
3. › Held it was a requirement for the valid execution of a deed that the attesting witness be present at the time of signing and sign as witness at that time
1. Agency
2. › Ostensible authority
3. › Whether the plaintiff by his conduct held others out as authorised to negotiate or make representations on his behalf in relation to the use to be made of the document purportedly executed as a deed