Le v. Bui & Anor
Case
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[2008] QSC 149
•17 July 2008 (Court online publication date: 16 February 2009)
Details
AGLC
Case
Decision Date
Le v Bui [2008] QSC 149
[2008] QSC 149
17 July 2008 (Court online publication date: 16 February 2009)
CaseChat Overview and Summary
In the matter of Le v. Bui & Anor, the court was asked to determine the rights of the parties in relation to the sale of a property in Melbourne. The applicant, Le, claimed that he had entered into a contract for the sale of the property with the first respondent, Bui, prior to the first respondent entering into a contract with the second respondent. The first respondent contended that the second contract should prevail as it was in the standard form and the applicant had failed to demonstrate that he was ready, willing, and able to proceed to settlement.
The court had to determine whether the first respondent was bound by the first contract with the applicant or whether the second contract with the second respondent was valid and enforceable. The court also had to consider whether the applicant had established that he was ready, willing, and able to proceed to settlement.
The court found that the first contract was valid and binding on the first respondent. The court held that the first respondent was bound by the terms of the first contract and could not rely on the second contract as a defence. The court also found that the applicant had established that he was ready, willing, and able to proceed to settlement. The court ordered that the first respondent pay the applicant's costs of and incidental to the proceedings and the second respondent's costs of and incidental to the proceedings. The court refused the applicant's claim for relief in relation to the sale of the property.
The court had to determine whether the first respondent was bound by the first contract with the applicant or whether the second contract with the second respondent was valid and enforceable. The court also had to consider whether the applicant had established that he was ready, willing, and able to proceed to settlement.
The court found that the first contract was valid and binding on the first respondent. The court held that the first respondent was bound by the terms of the first contract and could not rely on the second contract as a defence. The court also found that the applicant had established that he was ready, willing, and able to proceed to settlement. The court ordered that the first respondent pay the applicant's costs of and incidental to the proceedings and the second respondent's costs of and incidental to the proceedings. The court refused the applicant's claim for relief in relation to the sale of the property.
Details
Key Legal Topics
Areas of Law
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Property Law
Legal Concepts
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Equitable Estoppel
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Breach of Contract
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Specific Performance
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Compensatory Damages
Actions
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Citations
Le v Bui [2008] QSC 149
Most Recent Citation
Storey v Britton [2025] QSC 151
Cases Cited
2
Statutory Material Cited
0
Whitlock v Brew
[1968] HCA 71
Foran v Wight
[1989] HCA 51
Foran v Wight
[1989] HCA 51