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ARTICLE · 23 JULY 2010

What Amounts To A Deed And When Is A Party Bound Under A Contract?

Norton Rose Fulbright Australia
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British Gas intended to lease a number of floors at 400 George Street, Brisbane. An agreement for lease was negotiated between the landlord (collectively made up of four parties) and British Gas as the tenant.

AustraliaReal Estate and Construction
Tom Heading
Tom Heading
Aleisa Crepin
Aleisa Crepin
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400 George Street (Qld) Pty Limited & Ors v BG International Limited [2010] QSC 66

British Gas intended to lease a number of floors at 400 George Street, Brisbane. An agreement for lease was negotiated between the landlord (collectively made up of four parties) and British Gas as the tenant.

After British Gas had signed the agreement for lease, but before the landlord had signed, British Gas decided that it no longer wished to be bound by the terms of the agreement for lease.

The landlord brought proceedings seeking a declaration that British Gas was bound by the terms of the agreement for lease on the basis that the agreement for lease and attached cover letter constituted an offer capable of immediate acceptance by British Gas and further that the agreement for lease was a deed.

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