Secure Parking Pty Ltd v Woollahra Municipal Council [2016] NSWCA 154

Secure Parking Pty Ltd v Woollahra Municipal Council [2016] NSWCA 154

No contract was formed between Secure Parking and the Council as there was no agreement on the increase to the bank guarantee or the commencement date; offer and acceptance did not match. Even if a contract had been formed, the Council was not entitled to terminate it because it was not ready and willing to perform...

Source-derived case information.

Parties
Appellant: Secure Parking Pty Ltd; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
04 July 2016
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
Appeal allowed; cross-appeal dismissed.
Legal Topics
Formation of Contract, Tender Process, Termination of Contract, Misleading or Deceptive Conduct, Intention to Be Bound
Contract Law Trade Practices Formation of Contract Tender Process Termination of Contract Misleading or Deceptive Conduct Intention to Be Bound

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Parties

Secure Parking Pty Ltd

Appellant

Woollahra Municipal Council

Respondent

Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether there was a binding contract upon Council's acceptance of Secure's tender offer
  2. 2 Whether offer and acceptance corresponded or were varied
  3. 3 Whether there was consensus as to date for commencement of management

Ratio Decidendi

No contract was formed between Secure Parking and the Council as there was no agreement on the increase to the bank guarantee or the commencement date; offer and acceptance did not match. Even if a contract had been formed, the Council was not entitled to terminate it because it was not ready and willing to perform its own obligations. Neither party engaged in misleading or deceptive conduct.

Court Disposition

Appeal allowed; cross-appeal dismissed.

Orders

  • Appeal allowed.
  • Orders 1 and 3 made by the primary judge on 20 March 2015 set aside.