MAKHRAS v SLEIMAN [1989] NSWCA 135

MAKHRAS v SLEIMAN [1989] NSWCA 135

The court held that, in the circumstances and according to the solicitors’ agreement, the highest tender submitted at the specified time and place was to be accepted as final, amounting to a binding contract to sell the property to that party.

Parties
Appellant: URJ Makhras; First Respondent: Yousef Sleiman; Second Respondent: Theresa Sleiman; Third Respondent: John Star
Jurisdiction
Australia
Judgment Date
23 February 1989
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Dissolution of Partnership, Sale of Partnership Property, Agreement to Tender, Formation of Contract
Contract Law Partnership Dissolution of Partnership Sale of Partnership Property Agreement to Tender Formation of Contract

Case Brief

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Parties

URJ Makhras

Appellant

Yousef Sleiman

First Respondent

Theresa Sleiman

Second Respondent

John Star

Third Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether an agreement for sale of partnership property by tender constituted a binding contract to sell to the highest tenderer
  2. 2 Whether the conduct of one partner prevented another from tendering
  3. 3 Interpretation of communication between the receiver and solicitors regarding sale process

Ratio Decidendi

The court held that, in the circumstances and according to the solicitors’ agreement, the highest tender submitted at the specified time and place was to be accepted as final, amounting to a binding contract to sell the property to that party.

Court Disposition

appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed