‘Good Deeds’ Case Reversed

Introduction

On 19 March 2010, we issued a Legal Update – 'Good deeds' which provided an overview of the implications of the Supreme Court of Queensland's decision in 400 George Street (Qld) Pty Limited v BG International Limited.

The Supreme Court's decision was subsequently appealed by 400 George Street (Qld) Pty Limited and, on 10 September 2010, the Court of Appeal reversed the Supreme Court's earlier finding that the Agreement to Lease was not a deed.

What you need to know?

The decision of the Court of Appeal reduces the risk that a document may not be treated as a deed merely because there is inconsistency in the drafting of the document or that earlier negotiations between the parties have not demonstrated an intention to execute a deed.