Sydney Tools Pty Ltd v Robert Bosch (Australia) Pty Ltd [2017] NSWSC 1709

Sydney Tools Pty Ltd v Robert Bosch (Australia) Pty Ltd [2017] NSWSC 1709

Sydney Tools failed to prove on the balance of probabilities that it signed and delivered the 2017 Trading Agreement to Bosch, and Bosch's evidence rebutted any possible presumption of receipt. The postal rule did not apply because Bosch did not contemplate or intend acceptance by posting. In any event, the Trading Agreement and Terms did not impose a positive obligation on Bosch to supply products absent acceptance of a specific order, and the relief sought lacked utility or related to orders placed only after proceedings commenced.

Jurisdiction
Australia
Judgment Date
06 December 2017
Procedural Posture
Equity Commercial List Proceeding Seeking Specific Performance of a Trading Agreement / Urgent Final Hearing; Ex Tempore Principal Judgment
Outcome
Plaintiff's claim dismissed.
Legal Topics
['existence of Contract' 'postal Rule' 'acceptance of Orders' 'specific Performance' 'stop Watch Method of Trial']
['contracts' 'practice and Procedure' 'equity'] ['existence of Contract' 'postal Rule' 'acceptance of Orders' 'specific Performance' 'stop Watch Method of Trial']

Case Brief

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Procedural Posture

Equity Commercial List Proceeding Seeking Specific Performance of a Trading Agreement / Urgent Final Hearing; Ex Tempore Principal Judgment

Legal Issues

  1. 1 ['Whether Sydney Tools proved that the parties entered into the 2017 Trading Agreement.' 'Whether the postal rule or the presumption in s 160(1) of the Evidence Act 1995 (NSW) established effective acceptance by posting the signed Trading Agreement.' 'Whether the Trading Agreement imposed a positive obligation on Bosch to supply products absent acceptance of a specific order.' 'Whether the relief sought by Sydney Tools was of utility or available in respect of the 13 November 2017 order.']

Ratio Decidendi

Sydney Tools failed to prove on the balance of probabilities that it signed and delivered the 2017 Trading Agreement to Bosch, and Bosch's evidence rebutted any possible presumption of receipt. The postal rule did not apply because Bosch did not contemplate or intend acceptance by posting. In any event, the Trading Agreement and Terms did not impose a positive obligation on Bosch to supply products absent acceptance of a specific order, and the relief sought lacked utility or related to orders placed only after proceedings commenced.

Court Disposition

Plaintiff's claim dismissed.

Orders

  • ['The proceedings are dismissed.' "The plaintiff is to pay the defendant's costs." 'The exhibits are to be returned.']