Al Hayat Publishing Co Ltd v Sokarno, Ahmed & Ors [1998] FCA 1016

FEDERAL COURT OF AUSTRALIA CONTRACT – offer and acceptance - whether legally binding agreement – no written contract – construction of oral and written communications – whether parties reached consensus - whether parties intended to enter into binding legal relations – whether intention implemented by consensus on ascertainable terms and conditions – whether any confirmation of a proper "agreement". Masters v Cameron (1954) 91 CLR 353; followed Australian Broadcasting Corporation v XIVTH Commonwealth Games Ltd (1988) 18 NSWLR 540; applied Barrier Wharfs Ltd v W Scott Fell & Co (1908) 5 CLR 647 at 669; cited B Seppelt & Sons Ltd v The Commissioner for Main Roads (1975) 1 BPR 9147; cited Film Bars Pty Ltd v Pacific Film Laboratories Pty Ltd (1979) 1 BPR 9251; cited AL HAYAT PUBISHING COMPANY LIMITED v AHMED SOKARNO, EMAN MOHAMED AND RAYMOND CARNABY NG 202 OF 1996 TAMBERLIN J

SYDNEY 20 AUGUST 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 202 of 1996

BETWEEN: AL HAYAT PUBLISHING COMPANY LIMITED

Applicant

AND: AHMED SOKARNO

First Respondent

EMAN MOHAMED

Second Respondent

RAYMOND CARNABY

Third Respondent

JUDGE: TAMBERLIN J

DATE OF ORDER: 20 AUGUST 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The cross-claim is dismissed with costs. 2. The applicant bring in Short Minutes within fourteen days. A copy of the proposed Minutes to be served on the respondent within seven days from this date. 3. The respondents pay the applicant's cost of the application. 4 Liberty to apply on two days notice to settle the Short Minutes in the event of disagreement between the parties. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.