Royal Diamonds Pty Ltd v Buttle [2016] NSWCATAP 230

Royal Diamonds Pty Ltd v Buttle [2016] NSWCATAP 230

There was no evidence that the respondent knew or ought to have known of the appellant's pricing error. The applicable test for relief in equity for unilateral mistake was not satisfied because the respondent neither knew of the mistake nor acted unconscionably. The contract was enforceable and the appeal was dismissed.

Parties
Appellant: Royal Diamonds Pty Ltd; Respondent: Nicholas Buttle
Jurisdiction
Australia
Judgment Date
19 October 2016
Procedural Posture
Appeal / Decision of Appeal Panel After Hearing Submissions
Outcome
Appeal dismissed
Legal Topics
Unilateral Mistake, Unconscionable Conduct, Enforcement of Contract, Misleading or Deceptive Conduct, Bait Advertising, Relief in Equity
Consumer Law Contract Law Equity Unilateral Mistake Unconscionable Conduct Enforcement of Contract Misleading or Deceptive Conduct Bait Advertising +1 more

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Parties

Royal Diamonds Pty Ltd

Appellant

Nicholas Buttle

Respondent

Procedural Posture

Appeal / Decision of Appeal Panel After Hearing Submissions

Legal Issues

  1. 1 Whether the contract for sale of the diamond ring is enforceable despite a unilateral mistake by the seller
  2. 2 Whether the respondent acted unconscionably in seeking to enforce the contract
  3. 3 Whether equitable relief should be granted for unilateral mistake

Ratio Decidendi

There was no evidence that the respondent knew or ought to have known of the appellant's pricing error. The applicable test for relief in equity for unilateral mistake was not satisfied because the respondent neither knew of the mistake nor acted unconscionably. The contract was enforceable and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed
  • The orders made by the Tribunal on 16 May 2016 are confirmed