9 Sept 2009
GENERAL DISTRIBUTORS LIMITED V HAILES & ORS HC NWP CIV 2008-443-000286
- Citation
- openlaw-0c350d4f_1e2f_4e97_a173_e1a6cbadd31d.pdf
- Court
- High Court
The emails did not objectively show an intention to be immediately bound and the parties expressly contemplated a formal signed lease; the parties had not agreed essential terms (notably the overall rent and the capitalisation rate or a binding mechanism to determine the lessor's contribution) and those gaps were too wide for the court to fill; there was no ostensible authority for Mr Young to bind Mr Hailes; s2(2) Contracts Enforcement Act requirements were not satisfied. Therefore the plaintiff's claim cannot succeed and summary judgment for the defendant was appropriate.