15 May 2009
NIELSEN V DYSART TIMBERS LIMITED SC 54/2008
- Citation
- NIELSEN V DYSART TIMBERS LIMITED SC 54/2008
- Court
- Supreme Court
An implied terminating condition will be recognised only where there is an objective, fundamental change in circumstances that fundamentally undermines the offeror's willingness to be bound; applying that test the Court (majority) held the grant of leave to appeal was not a fundamental change and the offer remained open so Dysart's acceptance created a binding settlement contract.