Personnel Concepts WA Pty Limited v Adam & Ors, t/as Marsdens Law Group [2019] NSWSC 301

Personnel Concepts WA Pty Limited v Adam & Ors, t/as Marsdens Law Group [2019] NSWSC 301

There was no contract between the plaintiffs and Marsdens because, although an offer may have been made via email and attachment, Marsdens had not been made aware of the alleged offer or the terms and conditions; acceptance cannot occur in ignorance of the offer.

Parties
First Plaintiff: Personnel Concepts WA Pty Limited; Second Plaintiff: Personnel Concepts Group Pty Limited; Defendants: John Burnett Adam, James Herbert Marsden, Adam Joseph Seton, David Robert Baird, Thomas Charles Reeve, Giuseppe Bonura, Peter Joseph Crittenden, Grant Patrick Butterfield, Nevine Youssef and Justin Robert Thornton, trading as Marsdens Law Group
Jurisdiction
Australia
Judgment Date
22 March 2019
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed with extension of time granted
Legal Topics
Contract Formation, Acceptance of Offer, Knowledge of Offer, Objective Theory of Contract
Contract Law Contract Formation Acceptance of Offer Knowledge of Offer Objective Theory of Contract

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Parties

Personnel Concepts WA Pty Limited

First Plaintiff

Personnel Concepts Group Pty Limited

Second Plaintiff

John Burnett Adam, James Herbert Marsden, Adam Joseph Seton, David Robert Baird, Thomas Charles Reeve, Giuseppe Bonura, Peter Joseph Crittenden, Grant Patrick Butterfield, Nevine Youssef and Justin Robert Thornton, trading as Marsdens Law Group

Defendants

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether there was a legally binding contract between the plaintiffs and Marsdens
  2. 2 Whether the terms in the attachment to the email were brought to the attention of Marsdens
  3. 3 Whether acceptance can occur if the offeree is ignorant of the offer

Ratio Decidendi

There was no contract between the plaintiffs and Marsdens because, although an offer may have been made via email and attachment, Marsdens had not been made aware of the alleged offer or the terms and conditions; acceptance cannot occur in ignorance of the offer.

Court Disposition

Appeal dismissed with extension of time granted

Orders

  • The time for filing the summons commencing an appeal in this matter is extended to 21 September 2018.
  • The plaintiffs' amended summons commencing an appeal filed on 1 November 2018 is dismissed.