In Quach v Daly [2024] QSC 98, the Supreme Court of Queensland considered an application by Michael Van Thanh Quach, the plaintiff, against Kevin John Daly and Robin Daly, the defendants, regarding a contractual dispute over the purchase of a property and nursery business. On 8 May 2024, Mr. Quach's application to compel the defendants to file a defense was dismissed by Justice Freeburn, and the plaintiff was ordered to pay the defendants' costs of the application. The core issue revolved around whether a "binding written contract for sale" existed, with Mr. Quach asserting that a handwritten "Provisional Contract of Sale" executed on 25 July 2021 constituted a concluded bargain. However, essential terms such as the contract price remained undecided, questioning the contract’s validity. Although the defendants sought indemnity costs, claiming that the application lacked any basis, the court declined this request, concluding that the case did not present the special or unusual circumstances necessary for such an award. Instead, the costs were ordered on a standard basis due to the dismissed application.
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