1. Is there such a thing as an 'irrevocable authority'?
- Author
-
Duncan, W D
- Subjects
property law ,irrevocable authority ,180124 Property Law (excl. Intellectual Property Law) ,180105 Commercial and Contract Law - Abstract
The Queensland Court of Appeal decision of FTV Holdings Cairns Pty Ltd v Smith [2014] QCA 217 analysed many issues concerning the enforceability of an “irrevocable authority” signed by clients directed to their solicitors regarding the payment of money to a third party. The action also drew those solicitors into the litigation as they acted contrary to that “irrevocable authority” by paying the money concerned directly to their clients but upon their clients’ later instructions. The result probably confirmed what many solicitors have believed to be the case for some time but which had never been considered in legal analysis in an appellate court. The facts of the case would be common to many day to day transactions.
- Published
- 2014