Godecke v Kirwan
129 CLR 6291 ALR 457
Between: Godecke
And: Kirwan
Judges:
Walsh J
Gibbs J
Mason J
Subject References:
Real property
Formal contract not executed
Whether contract concluded Contract
Vagueness and uncertainty
Judgment date: 20 September 1973
SYDNEY
ORDER
Appeal allowed with costs.
Order of the Supreme Court of Western Australia set aside.
In lieu thereof order that the application made to that Court by the originating summons issued on 15th June 1972 be dismissed with costs.
Declare that upon the acceptance by the respondent of the offer contained in the document signed by the appellant Robert Harold Godecke on 22nd November 1971 there was a binding contract for the sale and purchase of the land therein described and that that contract ought to be specifically performed.
Order that the appellants and the respondent are to be at liberty to apply to the Supreme Court of Western Australia for any such further directions or orders as may appear necessary or desirable in relation to the carrying into effect of the said contract.