Radovanovic v Stekovic [2024] NSWCA 129

Radovanovic v Stekovic [2024] NSWCA 129

The Court held that the appellant's counteroffer and the respondents' acceptance constituted a binding agreement. Execution of a deed was not a condition precedent but an unfulfilled term. The agreement was complete, as the parties' objective intention was immediately to be bound upon acceptance of the counteroffer marked as a Calderbank offer. There was no missing key term regarding authority over the funds, and the parties intended to resolve the matter without further negotiation or conditions.

Parties
Appellant: Goran Radovanovic; First Respondent: Milivoj Stekovic; Second Respondent: Jovanka Stekovic
Jurisdiction
Australia
Judgment Date
30 May 2024
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Formation of Contract, Acceptance of Calderbank Offer, Settlement Agreements, Binding Effect of Correspondence, Costs in Civil Litigation
Contract Law Civil Procedure Formation of Contract Acceptance of Calderbank Offer Settlement Agreements Binding Effect of Correspondence Costs in Civil Litigation

Case Brief

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Parties

Goran Radovanovic

Appellant

Milivoj Stekovic

First Respondent

Jovanka Stekovic

Second Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether parties reached binding agreement to settle proceedings via Calderbank offer and acceptance
  2. 2 Whether execution of a deed was a condition precedent to the agreement
  3. 3 Whether the agreement was unenforceable for being incomplete or missing key terms

Ratio Decidendi

The Court held that the appellant's counteroffer and the respondents' acceptance constituted a binding agreement. Execution of a deed was not a condition precedent but an unfulfilled term. The agreement was complete, as the parties' objective intention was immediately to be bound upon acceptance of the counteroffer marked as a Calderbank offer. There was no missing key term regarding authority over the funds, and the parties intended to resolve the matter without further negotiation or conditions.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • Appellant to pay the respondents' costs.