G & E Avakoumides Pty Limited v Commonwealth Funds Management [2004] NSWSC 711

G & E Avakoumides Pty Limited v Commonwealth Funds Management [2004] NSWSC 711

No binding agreement for lease arose because the 21 August 2002 offer document was expressly subject to joint owners approval, execution of lease, contract and availability, contemplated further documentation and landlord approval, and was not accepted in the stipulated manner; the Court also accepted that the offer document was taken away because no agreement was reached. The pleaded misleading and deceptive conduct was unsupported by the evidence and not relied on, and the unconscionable conduct claim failed because the plaintiff was not under any disability, the relevant representations were not proved, and no resulting loss was shown.

Jurisdiction
Australia
Judgment Date
06 August 2004
Procedural Posture
Claim for Damages for Breach of Contract and Trade Practices Act Claims Arising From Alleged Agreement for Lease of Commercial Premises / Final Judgment
Outcome
Judgment for defendants.
Legal Topics
['commercial Tenancies' 'agreement for Lease' 'subject to Contract' 'conveyancing Act 1919 S54 A' 'misleading and Deceptive Conduct' 'unconscionable Conduct']
['leases and Tenancies' 'contract Law' 'trade Practices'] ['commercial Tenancies' 'agreement for Lease' 'subject to Contract' 'conveyancing Act 1919 S54 A' 'misleading and Deceptive Conduct' 'unconscionable Conduct']

Case Brief

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Procedural Posture

Claim for Damages for Breach of Contract and Trade Practices Act Claims Arising From Alleged Agreement for Lease of Commercial Premises / Final Judgment

Legal Issues

  1. 1 ['Whether negotiations and the 21 August 2002 offer document, allegedly orally accepted, created a binding agreement for lease of Shop MG14.' 'Whether s54A of the Conveyancing Act 1919 was satisfied by the written offer document and alleged oral acceptance.' 'Whether the defendants engaged in misleading or deceptive conduct under the Trade Practices Act 1974 in relation to the external area, surveying, discussions with the owners, and negotiations with a third party.' 'Whether the defendants engaged in unconscionable conduct within the meaning of s51AA of the Trade Practices Act 1974 by failing to report back or give the plaintiff a further opportunity to accept an offer.']

Ratio Decidendi

No binding agreement for lease arose because the 21 August 2002 offer document was expressly subject to joint owners approval, execution of lease, contract and availability, contemplated further documentation and landlord approval, and was not accepted in the stipulated manner; the Court also accepted that the offer document was taken away because no agreement was reached. The pleaded misleading and deceptive conduct was unsupported by the evidence and not relied on, and the unconscionable conduct claim failed because the plaintiff was not under any disability, the relevant representations were not proved, and no resulting loss was shown.

Court Disposition

Judgment for defendants.

Orders

  • ['The summons and the amended statement of claim be dismissed.' "The plaintiff to pay the defendants' costs." 'Exhibits may be returned.']