Jarjo v Patterson [2022] NSWSC 1049

Supreme Court New South Wales

Medium Neutral Citation: Jarjo v Patterson [2022] NSWSC 1049 Hearing dates: 2-4 May 2022; 12-13 July 2022 Date of orders: 5 August 2022 Decision date: 05 August 2022 Jurisdiction: Equity Before: Darke J Decision: No binding contract found to have been entered into between plaintiffs and defendants. Catchwords: CONTRACTS – contract for the sale of land – contractual formation – land owned by defendants as joint tenants – authority for one vendor to execute contract on behalf of the other vendor – where second defendant alleges that her signature as vendor on contract for the sale of land was forged by first defendant – where first defendant accepts that he forged second defendant's signature – where plaintiffs allege that the second defendant generally or specifically authorised the first defendant to sign on her behalf – whether second defendant authorised the first defendant to execute the contract on her behalf – whether objective circumstances of the case demonstrate such authorisation – held that second defendant did not authorise the first defendant to execute the contract on her behalf – no contract held to have come into existence between the plaintiffs and the defendants Legislation Cited: Conveyancing Act 1919 (NSW), s 66W Environmental Planning and Assessment Act 1979 (NSW), s 10.7 Property and Stock Agents Act 2002 (NSW), s 63 Cases Cited: Bonette v Woolworths Ltd (1937) 37 SR (NSW) 142 Jones v Dunkel (1959) 101 CLR 298 Category: Principal judgment Parties: Jacque Jarjo (First Plaintiff) Juanita Jarjo (Second Plaintiff) Michael Francis Patterson (First Defendant) Wendy Anne Patterson (Second Defendant) Representation: Counsel: Mr M Fernandes (Plaintiffs) Mr J Bennett (First Defendant) Mr M Bennett (Second Defendant)