AUSTRALIAN POSTAL CORPORATION (T/as AUSTRALIA POST) v A J DOWSE and ANOR [1998] NSWCA 24

AUSTRALIAN POSTAL CORPORATION (T/as AUSTRALIA POST) v A J DOWSE and ANOR [1998] NSWCA 24

The Supreme Court of New South Wales Court of Appeal held that the appellant, by its words and conduct, had bound itself to the contract contended for by the respondents, and an oral acceptance was sufficient. The appeal was dismissed.

Parties
Appellant: Australian Postal Corporation (T/as Australia Post); Respondent: A J Dowse
Jurisdiction
Australia
Judgment Date
24 September 1998
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Acceptance of Tender, Oral Contract, Authority to Contract, Breach of Contract
Contract Law Acceptance of Tender Oral Contract Authority to Contract Breach of Contract

Case Brief

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Parties

Australian Postal Corporation (T/as Australia Post)

Appellant

A J Dowse

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the parties had made the contract contended for by the respondents
  2. 2 Whether an oral acceptance was valid and binding
  3. 3 Whether Mr Corby had authority to contract on behalf of the appellant

Ratio Decidendi

The Supreme Court of New South Wales Court of Appeal held that the appellant, by its words and conduct, had bound itself to the contract contended for by the respondents, and an oral acceptance was sufficient. The appeal was dismissed.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.