TERS AND ANOR v SHANTILAL BROS (AUSTRALIA) PTY LTD [1998] NSWCA 224

TERS AND ANOR v SHANTILAL BROS (AUSTRALIA) PTY LTD [1998] NSWCA 224

No binding contract for sale existed because there was never an agreed or communicated price between the parties; neither party accepted the other's position, and thus no contract formed.

Parties
Appellant: URJ Ters; Appellant: George Ters; Appellant: Michael Ters; Defendant: Abed Hammoud; Respondent: Shantilal Bros (Australia) Pty Ltd; Third Party: Kenny Tang
Jurisdiction
Australia
Judgment Date
19 March 1998
Procedural Posture
Civil Appeal / Appeal From District Court Judgment
Outcome
Appeal allowed; verdict and judgment for the second and third defendants; costs to appellants.
Legal Topics
Agreement, Price Certainty, Sale of Goods, Contract Formation, Authority of Agents
Contract Agreement Price Certainty Sale of Goods Contract Formation Authority of Agents

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Parties

URJ Ters

Appellant

George Ters

Appellant

Michael Ters

Appellant

Abed Hammoud

Defendant

Shantilal Bros (Australia) Pty Ltd

Respondent

Kenny Tang

Third Party

Procedural Posture

Civil Appeal / Appeal From District Court Judgment

Legal Issues

  1. 1 Was there a contract between the parties for the sale of goods at an agreed price?
  2. 2 Was there a communicated agreement on price between the parties?
  3. 3 Did the conduct or communication of agents bind the parties on the issue of price?

Ratio Decidendi

No binding contract for sale existed because there was never an agreed or communicated price between the parties; neither party accepted the other's position, and thus no contract formed.

Court Disposition

Appeal allowed; verdict and judgment for the second and third defendants; costs to appellants.

Orders

  • Appeal allowed.
  • Set aside the verdict and judgment and the order for costs of Mahoney DCJ made on 21 April 1995.