Microsoft Corporation v Ezy Loans Pty Ltd [2002] FCA 1425

Microsoft Corporation v Ezy Loans Pty Ltd [2002] FCA 1425

The 13 September 2001 settlement document was an invitation to treat rather than an offer capable of acceptance. The first and second respondents' insertion of $1.00 and forwarding of a $1.00 cheque amounted to an offer to settle, which the applicants' solicitors rejected. Because no compromise agreement existed, the respondents were not entitled to dismissal of the proceedings.

Jurisdiction
Australia
Judgment Date
18 October 2002
Procedural Posture
Notice of Motion to Dismiss Proceedings on the Basis of an Alleged Compromise / Interlocutory Application and Referral to Mediation
Outcome
Notice of motion dismissed; proceedings referred to mediation.
Legal Topics
['compromise Agreement' 'offer and Acceptance' 'invitation to Treat' 'costs' 'mediation']
['contract Law' 'civil Procedure'] ['compromise Agreement' 'offer and Acceptance' 'invitation to Treat' 'costs' 'mediation']

Case Brief

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Procedural Posture

Notice of Motion to Dismiss Proceedings on the Basis of an Alleged Compromise / Interlocutory Application and Referral to Mediation

Legal Issues

  1. 1 ['Whether the document dated 13 September 2001 was an offer capable of acceptance by the first and second respondents.' 'Whether the parties had entered into a compromise agreement resolving the proceedings.' 'Whether the notice of motion should be dismissed and costs ordered.' 'Whether the proceedings should be referred to mediation under the Federal Court of Australia Act 1976 (Cth).']

Ratio Decidendi

The 13 September 2001 settlement document was an invitation to treat rather than an offer capable of acceptance. The first and second respondents' insertion of $1.00 and forwarding of a $1.00 cheque amounted to an offer to settle, which the applicants' solicitors rejected. Because no compromise agreement existed, the respondents were not entitled to dismissal of the proceedings.

Court Disposition

Notice of motion dismissed; proceedings referred to mediation.

Orders

  • ['The notice of motion filed by the first and second respondents on 4 October 2002 is dismissed.' "The first and second respondents pay the applicant's costs of and incidental to the notice of motion to be taxed if not agreed." 'These proceedings be referred to the Honourable Justice Dowsett of this court for...