ARA Electrical Engineering Services Pty Ltd t/as Bass Electrical Engineering NSW v McConnell Dowell Constructions (Aust) Pty Ltd [2011] NSWSC 1377
Viewed objectively, there was no intention that the parties be bound before both had executed and communicated their execution, thus no binding and enforceable agreement was made.
- Jurisdiction
- Australia
- Judgment Date
- 31 October 2011
- Procedural Posture
- Commercial Dispute / Judgment
- Outcome
- Judgment for the defendant with costs
- Legal Topics
- ['formation of Contract' 'offer and Acceptance' 'intention to Create Legal Relations']
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Procedural Posture
Commercial Dispute / Judgment
Legal Issues
- 1 ['Whether a binding and enforceable contract existed between the parties' "If the plaintiff's actions constituted acceptance of an offer" 'Whether the defendant was bound by what the plaintiff inserted in the contract schedule']
Ratio Decidendi
Viewed objectively, there was no intention that the parties be bound before both had executed and communicated their execution, thus no binding and enforceable agreement was made.
Court Disposition
Judgment for the defendant with costs
Orders
- ['The proceedings are dismissed.' 'The defendant shall have its costs.']
Full Case Text
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