Cielo v Farnsworth [2016] NSWLC 14

Cielo v Farnsworth [2016] NSWLC 14

The contract was entered into between the plaintiffs and Rob Farnsworth Pty Ltd, not with the defendants as natural persons, as determined by the objective assessment of the parties' communications and conduct at the time of contract formation. The plaintiffs failed to prove on the balance of probabilities that the defendants as individuals were party to the contract.

Parties
Plaintiffs: Cielo, Marco and Robyn t/as MC Bin Supplies; Defendants: Farnsworth, Dorothy and Robert t/as R.J. & D.M. Farnsworth
Jurisdiction
Australia
Judgment Date
05 August 2016
Procedural Posture
Civil / Principal Judgment
Outcome
Verdict for the defendants
Legal Topics
Objective Theory of Contract, Identification of Contracting Parties, Agency and Undisclosed Principal, Fact Finding Prior to Objective Assessment
Contract Law Objective Theory of Contract Identification of Contracting Parties Agency and Undisclosed Principal Fact Finding Prior to Objective Assessment

Case Brief

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Parties

Cielo, Marco and Robyn t/as MC Bin Supplies

Plaintiffs

Farnsworth, Dorothy and Robert t/as R.J. & D.M. Farnsworth

Defendants

Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 Whether the contract was between the plaintiffs and the defendants as natural persons or between the plaintiffs and Rob Farnsworth Pty Ltd
  2. 2 Application of objective test to determine contracting parties
  3. 3 Admissibility and relevance of evidence of subsequent conduct

Ratio Decidendi

The contract was entered into between the plaintiffs and Rob Farnsworth Pty Ltd, not with the defendants as natural persons, as determined by the objective assessment of the parties' communications and conduct at the time of contract formation. The plaintiffs failed to prove on the balance of probabilities that the defendants as individuals were party to the contract.

Court Disposition

Verdict for the defendants

Orders

  • Verdict for the defendants
  • Each party to pay their own costs