Macquarie Generation v CNA Resources Ltd [2001] NSWSC 1040
No contract as alleged came into existence because the Defendant’s offers were conditional upon P&L Board approval, a condition that was not fulfilled; thus, the Plaintiff’s purported acceptance was ineffective, and the Defendant’s actions did not amount to wrongful repudiation.
- Jurisdiction
- Australia
- Judgment Date
- 15 November 2001
- Procedural Posture
- Commercial List Proceeding / Final Judgment – Determination of Liability
- Outcome
- Plaintiff's Summons dismissed with costs
- Legal Topics
- ['offer and Acceptance' 'conditional Offer' 'invitation to Tender' 'wrongful Repudiation']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Commercial List Proceeding / Final Judgment – Determination of Liability
Legal Issues
- 1 ['Did a contract (Tender Agreement) come into existence upon submission of the General Tender?' 'Was the General Tender an offer capable of acceptance by the Plaintiff?' "Did a contract for the supply of coal come into existence by reason of the Plaintiff's notice of acceptance on 15 March 2001?" 'If such a contract existed, did the Plaintiff or Defendant wrongfully repudiate it?']
Ratio Decidendi
No contract as alleged came into existence because the Defendant’s offers were conditional upon P&L Board approval, a condition that was not fulfilled; thus, the Plaintiff’s purported acceptance was ineffective, and the Defendant’s actions did not amount to wrongful repudiation.
Court Disposition
Plaintiff's Summons dismissed with costs
Orders
- ["Plaintiff's Summons is dismissed." "Plaintiff is to pay Defendant's costs of the proceedings." 'Exhibits may be returned.']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment