Ekaterini Mastoris v Joanne Marie Whitfield

Ekaterini Mastoris sought summary judgment against Joanne Marie Whitfield in the Federal Circuit Court, following the rescission of a contract for the sale of land. The dispute arose after Whitfield, who purported to act as an agent for an unnamed principal, failed to pay the deposit and purchase price. Mastoris argued that Whitfield contracted as an agent for an undisclosed principal and sought damages for the loss resulting from the contract's rescission.

The court needed to determine whether Whitfield contracted as a principal or as an agent and, if as an agent, whether the principal was disclosed. Additionally, the court had to consider whether Mastoris was entitled to summary judgment for the loss resulting from the contract's rescission. The court found that the terms of the contract indicated that Whitfield was acting as an agent, but the identity of the principal was not disclosed. Given that the principal was undisclosed, the court held that Whitfield was liable as a principal for the breach of contract.

In ruling in favour of Mastoris, the court held that she was entitled to summary judgment for the loss resulting from the contract's rescission. The court found that Mastoris had established all the necessary elements for summary judgment, including the existence of a valid contract, the breach of that contract by Whitfield, and the resulting loss to Mastoris. The court determined that the evidence presented was sufficient to grant the judgment without a trial. The court ordered that Whitfield pay Mastoris the sum of $200,000, representing the deposit and purchase price, along with interest and costs.