Wong v Wong

In the matter of Wong v Wong, the respondent, Mr Wong, sought a declaration that the appellant, Ms Wong, held or had at all times held her legal interest in the Maroubra property upon a constructive or resulting trust for Mr Wong. Mr Wong also sought a declaration that the loan agreements between Bankwest and Ms Wong were unenforceable, void and of no force or effect, and sought a discharge of the Bankwest mortgage. The court was required to decide whether the Agreement was binding and enforceable, and whether the loan agreements between Bankwest and Ms Wong were valid and enforceable.

The court found that the Agreement was binding and enforceable, and that it was appropriate for the Court to make a declaration to that effect. The court found that the 29 July Offer represented, without qualification, that it was an “offer to agree to a settlement of the dispute between our client and the bankrupt estate”. The 2 August Response contained a purported acceptance of that offer, expressed in terms that provided for the payment of a fixed sum, rather than the acceptance of a formula that was stated would determine an amount equivalent to that fixed sum. The court found that the divergence in expression in the second term of the Agreement did not entail a difference in substance, and that a reasonable person would not view the 2 August Response as introducing a new term into the bargain or constituting only a qualified acceptance of the offer.

The court also found that the loan agreements between Bankwest and Ms Wong were valid and enforceable, and that Mr Wong was not entitled to a discharge of the Bankwest mortgage. The court found that the Bankwest mortgage secured all indebtedness of Mr Wong, Mrs Wong and Ms Wong to Bankwest, and that the amounts outstanding under the First Bankwest Home Loan and the Second Bankwest Home Loan were secured by the Bankwest mortgage.

The court made a declaration that the Agreement was binding and enforceable, and that the loan agreements between Bankwest and Ms Wong were valid and enforceable. The court also found that Mr Wong was not entitled to a discharge of the Bankwest mortgage.