IVI Pty Ltd v Baycrown Pty Ltd

IVI Pty Ltd, the plaintiff, brought an action against Baycrown Pty Ltd, the defendant, in relation to a dispute over the sale of two lots of land. The plaintiff sought a declaration that a contract dated 23 October 2002 was valid and binding on the defendant. The dispute came before the court for determination of the legal issues concerning the revocation of an offer and the authority of the solicitors to receive such a revocation.

The primary legal issues were whether the plaintiff had accepted the defendant's offer before it was revoked and whether the defendant's purported revocation of the offer was effective. A further issue was whether the solicitors nominated as the "buyer's solicitor" in the unconcluded contract had the authority to receive the revocation email, and if so, whether the notice of the revocation was imputed to the proposed buyer upon receipt by the solicitors.

The court found that the plaintiff had indeed accepted the defendant's offer before it was revoked. The court also held that the revocation email sent to the solicitors nominated as the "buyer's solicitor" in the unconcluded contract was not effective. The court reasoned that the solicitors did not have actual or ostensible authority to receive the revocation email as they were not a medium for communication. Consequently, the notice of the revocation was not imputed to the proposed buyer upon its receipt by the nominated solicitors.

The court declared that the contract in writing dated 23 October 2002 between the plaintiff and the defendant for the purchase of land was a valid contract binding on the defendant.