Kyriacou v Makis

In the matter of Kyriacou v Makis, the parties were involved in a dispute regarding the formation of a contract, the authority of an agent to enter into a contract, and the applicability of the doctrine of part performance. The matter was heard in the Supreme Court of Queensland.

The court was required to determine whether a binding contract had been formed between the parties. The central legal issues involved whether an agreement had been reached, whether the defendant had authorised an agent to enter into a contract on his behalf, and whether the plaintiff's alleged performance of the contract could be recognised under the doctrine of part performance.

The court found that no binding contract was formed between the parties. The alleged draft written contract was never signed by either party and therefore did not constitute a concluded bargain. The court also held that the defendant had not authorised the person who provided the draft to the plaintiff to enter into a contract on his behalf. Furthermore, the court found that the different draft contracts and other documents referring to inconsistently worded terms of the alleged contract did not establish a clear agreement. The court also determined that the acts of the plaintiff were not consistent with partial performance of the alleged agreement, and therefore could not be recognised under the doctrine of part performance. The court concluded that there was no point of principle that would warrant further appeal.

The court's final order was that the defendant was not liable to the plaintiff under the terms of the alleged contract, and that the plaintiff's claim for specific performance was dismissed. The court found that there was no contract between the parties and that the plaintiff's claim for part performance was unsuccessful.