Palmieri v Think Creative & Print Pty Ltd [2023] NSWCATAP 272

Palmieri v Think Creative & Print Pty Ltd [2023] NSWCATAP 272

The Appeal Panel held that no signature was required because the contract was partly oral and partly in writing, the quotations did not make signature mandatory, and the appellant's payment of invoices and instructions during performance evidenced acceptance of the respondent's written proposals. The no evidence ground failed because the respondent's bundle contained some evidence of work done and services delivered. Leave to appeal was refused because the available evidence, including communications and materials showing work performed and the website ready to go live, did not show that the Tribunal's conclusions were unfair, inequitable or against the weight of evidence, and the...

Jurisdiction
Australia
Judgment Date
10 October 2023
Procedural Posture
Appeal From Consumer and Commercial Division Proceedings Under the Fair Trading Act 1987 (nsw) Concerning Website and Online Media Services / Appeal Panel Determination of Leave to Appeal and Appeal
Outcome
Leave to appeal is refused and the appeal is otherwise dismissed.
Legal Topics
['formation of Contract' 'acceptance by Conduct' 'contract Terms' 'breach of Contract' 'australian Consumer Law (nsw) Consumer Guarantees' 'leave to Appeal' 'no Evidence Ground']
['contract Law' 'consumer Law' 'civil Procedure'] ['formation of Contract' 'acceptance by Conduct' 'contract Terms' 'breach of Contract' 'australian Consumer Law (nsw) Consumer Guarantees' 'leave to Appeal' 'no Evidence Ground']

Case Brief

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Procedural Posture

Appeal From Consumer and Commercial Division Proceedings Under the Fair Trading Act 1987 (nsw) Concerning Website and Online Media Services / Appeal Panel Determination of Leave to Appeal and Appeal

Legal Issues

  1. 1 ['Whether a signature was required to form a contract on the written terms provided by the respondent.' 'Whether there was no evidence to support the conclusion that the respondent performed its obligations and completed a website in accordance with the contract.' 'Whether leave to appeal should be granted for challenges to findings about completion of work, social media posts, approval of the website, passwords and fitness for purpose under the Australian Consumer Law (NSW).']

Ratio Decidendi

The Appeal Panel held that no signature was required because the contract was partly oral and partly in writing, the quotations did not make signature mandatory, and the appellant's payment of invoices and instructions during performance evidenced acceptance of the respondent's written proposals. The no evidence ground failed because the respondent's bundle contained some evidence of work done and services delivered. Leave to appeal was refused because the available evidence, including communications and materials showing work performed and the website ready to go live, did not show that the Tribunal's conclusions were unfair, inequitable or against the weight of evidence, and the...

Court Disposition

Leave to appeal is refused and the appeal is otherwise dismissed.

Orders

  • ['Leave to appeal is refused and the appeal is otherwise dismissed.']