Wong v Wong [2022] FCA 78

Wong v Wong [2022] FCA 78

The agreement between the applicant and the trustee was binding and enforceable following the objective intent and exchange of offer (29 July 2021) and acceptance (2 August 2021), the minor variation in terms was immaterial, and no further condition of deed execution or consent was imposed; the trustee's solicitor had authority to bind the trustee.

Parties
Applicant: Koon Hing Wong; First Respondent: Mei Ru Wong; Second Respondent: Samuel Piscopo (Trustee of the bankrupt estate of Ms Mei Ru Wong); Third Respondent: Bankwest, a division of Commonwealth Bank of Australia Ltd; Fourth Respondent: eChoice Home Loans Pty Ltd; Fifth Respondent: Emma Kamensky
Jurisdiction
Australia
Judgment Date
08 February 2022
Procedural Posture
Interlocutory Application / Application for Declaratory Relief (interlocutory Stage)
Outcome
Interlocutory application granted in part: declaration made; otherwise dismissed.
Legal Topics
Settlement, Offer and Acceptance, Authority of Solicitors, Standing in Declaratory Relief, Specific Performance, Constructive/resulting Trusts
Contracts Bankruptcy Practice and Procedure Settlement Offer and Acceptance Authority of Solicitors Standing in Declaratory Relief Specific Performance +1 more

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Parties

Koon Hing Wong

Applicant

Mei Ru Wong

First Respondent

Samuel Piscopo (Trustee of the bankrupt estate of Ms Mei Ru Wong)

Second Respondent

Bankwest, a division of Commonwealth Bank of Australia Ltd

Third Respondent

eChoice Home Loans Pty Ltd

Fourth Respondent

Emma Kamensky

Fifth Respondent

Procedural Posture

Interlocutory Application / Application for Declaratory Relief (interlocutory Stage)

Legal Issues

  1. 1 Whether a binding and enforceable agreement was made between the applicant and the second respondent by an exchange of letters
  2. 2 Whether acceptance corresponded with the offer or constituted a counter-offer
  3. 3 Whether agreement was subject to entry into a deed of settlement

Ratio Decidendi

The agreement between the applicant and the trustee was binding and enforceable following the objective intent and exchange of offer (29 July 2021) and acceptance (2 August 2021), the minor variation in terms was immaterial, and no further condition of deed execution or consent was imposed; the trustee's solicitor had authority to bind the trustee.

Court Disposition

Interlocutory application granted in part: declaration made; otherwise dismissed.

Orders

  • A binding and enforceable agreement was made between the applicant and second respondent as contained in the letter of offer dated 29 July 2021 and accepted by letter dated 2 August 2021.
  • The interlocutory application is otherwise dismissed.