Reported Decision:
(2005) NSW ConvR 56-120
Supreme Court
CITATION: Picwoods P/L v Panagopoulos & 1 Or [2004] NSWSC 978 HEARING DATE(S): 06/09/04, 14/10/04, 15/10/04 JUDGMENT DATE:
18 October 2004JUDGMENT OF: White J DECISION: 1. Order defendants pay to plaintiff the sum of $10,042.60; 2. dismiss the further amended summons; 3. order that the plaintiff pay the defendants costs of the proceedings other than the costs for the preparation of the first defendants affidavit of 17/03/04; 4. exhibits may be returned after 28 days. CATCHWORDS: Agreement to lease - Whether a binding agreement existed between the parties - Whether parties intended to be immediately bound by initialling the document - Essential terms - Failure to specify a commencement date for the lease . - Agency - Agreement not initialled by second defendant - Whether first defendant purported to enter into agreement on behalf of wife (second defendant) - Whether first defendant had authority to contract on behalf of wife. LEGISLATION CITED: Real Property Act 1900
Conveyancing Act 1919CASES CITED: Australian Broadcasting v XIV Commonwealth Games (1988) 18 NSWLR 540
Darling Point Securities Pty Limited v Industrial Equity Pty Limited (NSWCA, 09/07/91, BC9101808)
Seleva v Klaskova (Powell J, 15/03/88, unreported)
Perry v Saunders (1961) 104 CLR 149
Brilliant v Michaels [1945] 1 ER 121
Whitlock v Brew (1968) 11 CLR 597
Harvey v Pratt (1965) 2 All ER 786
Marshall v Berridge (1981) 19 Ch D 233
Godecke v Kirwan (1973) 129 CLR 269
Powell & Berry v Jones & Jones (1968) SASR 394
Sweet & Maxwell Ltd v Universal News Limited (1964) 2 QB 699
Field v Shoalhaven Transport (1970) 3 NSWLR at 103
Pola v Commonwealth Bank of Australia (Sundberg J, 19/12/97, unreported)
Baloglow v Konstantinidis (2001) NSWCA 451
Dillon v Nash [1950] VLR 293
Parker v Manessis [1974] WAR 54PARTIES :
Picwoods Pty Limited v Konstantinos Panagopoulos & 1 Or FILE NUMBER(S): SC 6214/03 COUNSEL: Plaintiff: A Fernon
Defendant: In PersonSOLICITORS: Plaintiff: David Landa Stewart Lawyers
Defendant: N/A
IN THE SUPREME COURT
OF NEW SOUTH WALES
EQUITY DIVISION
WHITE J
Monday, 18 October 2004
6214/03 PICWOODS PTY LIMITED v KONSTANTINOS PANAGOPOULOS & 1 Or
JUDGMENT
1 HIS HONOUR: The plaintiff in these proceedings is in the business of arranging outdoor advertising. The defendants are the registered proprietors of land in folio identifier 2/170039 being a property at 962 Pacific Highway, Roseville.
2 The property is located at the junction of Boundary Road and Pacific Highway. Both are busy roads. The property has high visibility to traffic. There is a two-storey building on the site. On the roof area, there is constructed a large advertising panel.
The Issues
3 The plaintiff claims that on 15 April 2003 an agreement was made by Mr Woods, acting for the plaintiff, and the first defendant, acting for himself and his wife, who is the second defendant, for the grant of a lease of the roofed area including the advertising sign for a term of five years with…
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- AGLC
- Picwoods Pty Ltd v Panagopoulos [2004] NSWSC 978
- Case
- [2004] NSWSC 978
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether a binding agreement existed between the parties. Specifically, the court needed to determine if the parties intended to be immediately bound by initialling the document and if the essential terms of the lease were sufficiently specified. Additionally, the court had to assess whether the first defendant, Mr. Panagopoulos, had the authority to enter into the agreement on behalf of his wife, Mrs. Panagopoulos, who had not initialled the document.
The court examined the circumstances surrounding the execution of the agreement. It found that while the parties had initialled the document, there was no evidence of an intention to be immediately bound. Furthermore, the agreement lacked a specified commencement date for the lease, which the court considered an essential term. Regarding the agency issue, the court determined that Mr. Panagopoulos did not have the authority to bind his wife to the agreement as there was no evidence of actual or ostensible authority. Consequently, the court held that no binding agreement existed between the parties.
As a result of the court's findings, Picwoods Pty Ltd's claim for enforcement of the lease agreement was dismissed. The court ruled that the defendants were not bound by the agreement, and the plaintiff was not entitled to specific performance or any other remedy against the defendants.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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