McBride v McBride [2024] NSWSC 45

McBride v McBride [2024] NSWSC 45

On an objective assessment, the plaintiff's social media video did not convey an offer to compromise the proceedings. There were no specific words or overall message amounting to an offer, no inter-parties dealings or conduct from which an offer could be inferred, the alleged range of $1,000 to $10,000 would make the supposed offer uncertain and strange, and the references to those amounts were no more than predictions of possible outcomes. The absence of any consideration of costs also told against the asserted construction. Because no offer was made, the defendant's notice of motion failed.

Jurisdiction
Australia
Judgment Date
02 February 2024
Procedural Posture
Family Provision Proceedings Under S 59 of the Succession Act 2006 (nsw) / Defendant's Notice of Motion Filed on 5 October 2023 Seeking Orders on the Basis of an Alleged Settlement by Offer and Acceptance
Outcome
The defendant's notice of motion was dismissed, and the defendant was ordered to pay the plaintiff's costs of the motion.
Legal Topics
['formation of Contract' 'offer and Acceptance' 'settlement of Proceedings' 'family Provision' 'social Media Communications' 'objective Assessment of Offer' 'jones V Dunkel Inference']
['contracts' 'succession' 'civil Procedure'] ['formation of Contract' 'offer and Acceptance' 'settlement of Proceedings' 'family Provision' 'social Media Communications' 'objective Assessment of Offer' 'jones V Dunkel Inference']

Case Brief

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Procedural Posture

Family Provision Proceedings Under S 59 of the Succession Act 2006 (nsw) / Defendant's Notice of Motion Filed on 5 October 2023 Seeking Orders on the Basis of an Alleged Settlement by Offer and Acceptance

Legal Issues

  1. 1 ['Whether the plaintiff made an offer to settle the substantive proceedings when he posted a video on social media referring to the proceedings and possible provision from the estate between $1,000 and $10,000.' "Whether the court should draw an adverse inference from the plaintiff's failure to give personal evidence about whether he intended to make an offer." 'Whether the alleged offer was sufficiently identifiable and objectively conveyed to found a settlement agreement.']

Ratio Decidendi

On an objective assessment, the plaintiff's social media video did not convey an offer to compromise the proceedings. There were no specific words or overall message amounting to an offer, no inter-parties dealings or conduct from which an offer could be inferred, the alleged range of $1,000 to $10,000 would make the supposed offer uncertain and strange, and the references to those amounts were no more than predictions of possible outcomes. The absence of any consideration of costs also told against the asserted construction. Because no offer was made, the defendant's notice of motion failed.

Court Disposition

The defendant's notice of motion was dismissed, and the defendant was ordered to pay the plaintiff's costs of the motion.

Orders

  • ["The defendant's notice of motion filed on 5 October 2023 is dismissed." "The defendant is to pay the plaintiff's costs of the motion."]