In Michael Van Thanh Quach v Kevin John Daly and Robin Daly [2024] QSC 115, the Supreme Court of Queensland, presided over by Martin SJA, dealt with a complex situation involving alleged provisional contracts of sale for a property and a business. Michael Van Thanh Quach, the plaintiff, contended that these provisional contracts were legally binding, arguing that the defendants, Kevin John Daly and Robin Daly, had failed to complete the sales as agreed. Despite numerous amendments to his statements of claim, the court found Quach's assertions lacking essential terms like price, deeming the documents as mere provisional agreements rather than binding contracts. Consequently, the court struck out the claim and statement of claim without leave to replead, additionally restraining Quach from initiating further actions against the defendants without prior judicial permission.
top of page
bottom of page