Franklin v Grima [1999] NSWSC 682

Franklin v Grima [1999] NSWSC 682

The settlement offer made on 29 May 1997 and repeated on 25 November 1997 was no longer open for acceptance by 4 February 1998 because more than a reasonable time had elapsed. In any event, the events of 4 February 1998 did not amount to acceptance: the evidence of an oral agreement was insufficient, the letter was expressed as an offer rather than an acceptance, and its terms differed from the earlier offer. Therefore no binding settlement was reached.

Jurisdiction
Australia
Judgment Date
18 June 1999
Procedural Posture
Application Concerning a Disputed Agreement to Settle a Personal Injuries Claim Arising Out of a Motor Vehicle Accident / Judgment on Application
Outcome
Application dismissed with costs
Legal Topics
['offer and Acceptance' 'settlement Agreements' 'reasonable Time for Acceptance' 'motor Vehicle Accident Claims']
['contract Law' 'personal Injury' 'motor Accidents'] ['offer and Acceptance' 'settlement Agreements' 'reasonable Time for Acceptance' 'motor Vehicle Accident Claims']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Concerning a Disputed Agreement to Settle a Personal Injuries Claim Arising Out of a Motor Vehicle Accident / Judgment on Application

Legal Issues

  1. 1 ["Whether Napier Keen's settlement offer of 29 May 1997, repeated on 25 November 1997, remained open for acceptance on 4 February 1998." 'Whether the telephone conversation and letter of 4 February 1998 amounted to acceptance of the settlement offer.' 'Whether the parties reached a binding agreement to settle the personal injuries claim.']

Ratio Decidendi

The settlement offer made on 29 May 1997 and repeated on 25 November 1997 was no longer open for acceptance by 4 February 1998 because more than a reasonable time had elapsed. In any event, the events of 4 February 1998 did not amount to acceptance: the evidence of an oral agreement was insufficient, the letter was expressed as an offer rather than an acceptance, and its terms differed from the earlier offer. Therefore no binding settlement was reached.

Court Disposition

Application dismissed with costs

Orders

  • ['Application dismissed with costs']