Fang Gu & Anor v An Jong Hong & Anor [2018] NSWSC 1330

Objectively assessed, the parties did not intend to enter into a legally binding contract on 12 August 2017; they intended a more formal contract to follow. The First Defendant did have authority to act for the Second Defendant, and the defence of non est factum is not made out.

Jurisdiction: Australia
Judgment Date: 30 August 2018
Procedural Posture: Civil / Final Judgment at First Instance
Outcome: Plaintiffs' claim for specific performance dismissed; court would invite parties to provide short minutes and will hear the parties on costs if not agreed.
Legal Topics: ['formation of Contract' 'intention to Create Legal Relations' 'authority to Contract' 'specific Performance' 'non Est Factum']

['equity' 'contract Law'] ['formation of Contract' 'intention to Create Legal Relations' 'authority to Contract' 'specific Performance' 'non Est Factum']

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Procedural Posture

Civil / Final Judgment at First Instance

Legal Issues

1 ['What were the terms of the 12 August 2017 agreement?' 'Did the parties intend the 12 August 2017 document to be immediately binding?' 'Did the First Defendant have authority to contract for the Second Defendant?' 'Is the defence of non est factum made out?']

Ratio Decidendi

Court Disposition

Plaintiffs' claim for specific performance dismissed; court would invite parties to provide short minutes and will hear the parties on costs if not agreed.

Orders

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