Igloo Homes Pty Ltd v Sammut Constructions Pty Ltd [2005] NSWCA 280

Igloo Homes Pty Ltd v Sammut Constructions Pty Ltd [2005] NSWCA 280

The appeal was dismissed because the appellant did not discharge the onus of proving a mutual intention for a GST-inclusive price at the time of contract. The trial judge's findings—based on acceptance of the respondent's witnesses—were open on the evidence, and the intention of the negotiating agent (Ms Kayes) could not be attributed to the respondent since she lacked authority to bind the respondent pre-contractually.

Parties
Appellant: Igloo Homes Pty Ltd; Respondent: Sammut Constructions Pty Ltd
Jurisdiction
Australia
Judgment Date
29 November 2005
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
Appeal dismissed with costs.
Legal Topics
Rectification, Intention of Parties, Authority of Agents, GST in Real Estate Contracts, Overturning Findings of Fact on Credibility
Contract Law Equity Rectification Intention of Parties Authority of Agents GST in Real Estate Contracts Overturning Findings of Fact on Credibility

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Parties

Igloo Homes Pty Ltd

Appellant

Sammut Constructions Pty Ltd

Respondent

Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether the intention of the respondent's agent regarding GST should be attributed to the respondent
  2. 2 Whether the trial judge erred in finding the respondent did not intend a GST-inclusive purchase price
  3. 3 Whether rectification of the contract should be granted due to mutual mistake about GST inclusion

Ratio Decidendi

The appeal was dismissed because the appellant did not discharge the onus of proving a mutual intention for a GST-inclusive price at the time of contract. The trial judge's findings—based on acceptance of the respondent's witnesses—were open on the evidence, and the intention of the negotiating agent (Ms Kayes) could not be attributed to the respondent since she lacked authority to bind the respondent pre-contractually.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.