Notter v Girault

The case of Notter v Girault involved a dispute between the parties regarding the sale of a property and the forfeiture of a deposit. The matter was heard in the Supreme Court of Queensland. The vendor, Girault, sought to forfeit a deposit paid by the purchaser, Notter, due to the latter's failure to complete the purchase as per the terms of the contract. Notter, on the other hand, sought the repayment of the forfeited deposit, claiming that the contract had been revived, or alternatively, that acts of part performance by the purchaser should be recognised.

The court had to determine whether there had been a revival of the original contract of sale, which would negate the vendor's right to forfeit the deposit. It also had to consider whether the licensed conveyancer representing the vendor had the authority to enter into a new contract for the sale of the property. Furthermore, the court examined if there were acts of part performance by the purchaser that could support a claim for specific performance or equitable relief.

In its judgment, the court found that there was no evidence of a revival of the original contract, and therefore the vendor's right to forfeit the deposit remained intact. The court also held that the licensed conveyancer did not have the authority to enter into a new contract for the sale of the property, as the necessary formalities had not been followed. Additionally, the court ruled that there were insufficient acts of part performance by the purchaser to warrant any form of equitable relief. Consequently, the vendor was entitled to retain the forfeited deposit.

As a result, the court dismissed Notter's claim for the repayment of the forfeited deposit and upheld Girault's right to retain the deposit as per the terms of the contract.