Pekar v Rickards Legal (No.2)

In the matter of *Pekar v Rickards Legal (No.2)*, the Supreme Court of Queensland considered an application by the plaintiff, Mr. Pekar, for an order that the defendant, Rickards Legal, pay to Mr. Pekar the sum of $10,000. This sum represented an amount Mr. Pekar alleged was owed to him by Rickards Legal pursuant to an agreement.

The central legal issue before the Court was whether Rickards Legal was liable to pay Mr. Pekar the sum of $10,000 under the terms of an agreement, or alternatively, whether Rickards Legal was entitled to set off the sum of $10,000 against any amount it owed to Mr. Pekar.

Judge Burchardt found that the agreement between the parties did not create an obligation on Rickards Legal to pay Mr. Pekar the sum of $10,000. Instead, the Court determined that the agreement provided Rickards Legal with a right to set off the $10,000 against any amount it owed to Mr. Pekar. As Rickards Legal had no existing obligation to pay Mr. Pekar, and the agreement did not create such an obligation, the application was dismissed.