Legal Services Commissioner v Sheehy

[2018] QCA 151

Queensland Court of Appeal

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Interrogate

Catchwords

1. Contract
2. › Discharge, breach and defences to action for breach
3. › Repudiation and non-performance
4. › Election and rescission
5. › Contract with multiple promisees
6. › Whether one of two joint sellers may terminate for actual breach without concurrence of the other
7. › Whether termination for actual breach distinguished from termination for anticipatory breach
1. Professions and Trades
2. › Lawyers
3. › Complaints and discipline
4. › Disciplinary proceedings
5. › Queensland
6. › Unsatisfactory professional conduct
7. › Standard of competence and diligence
8. › Whether solicitor's conduct fell short of standard expected of reasonably competent Australian legal practitioner
9. › Whether solicitor entitled to complete contract over objection of joint seller who had terminated
10. › Legal Profession Act 2007 (Qld), ss 418, 456
1. Contract
2. › General contractual principles
3. › Performance
4. › Completion of contract for sale of land
5. › Undertaking to hold transfer documents to seller's order pending settlement
6. › Whether solicitor's conduct in calling for payment constituted purported completion on seller's side

Quick Take

Where the time for performance of a contract has arrived and an actual fundamental breach has occurred, one of two or more joint promisees may terminate the contract without the concurrence of the other(s), applying Lion White Lead Ltd v Rogers. A solicitor acting for one of multiple joint sellers who purports to complete a contract over the objection of another seller who has validly terminated it, without conducting legal research or seeking advice on the legal position, falls short of the standard of competence and diligence expected under s 418 of the Legal Profession Act 2007 (Qld).