Graham Evans Pty Ltd v Stencraft Pty Ltd [1999] FCA 1670

FEDERAL COURT OF AUSTRALIA

Graham Evans Pty Ltd v Stencraft Pty Ltd [1999] FCA 1670 CONTRACT LAW – offer capable of acceptance – conduct of parties – whether agreement as to price – whether agreement as to terms – whether primary oral agreement to be replaced by later written agreement Masters v Cameron (1954) 91 CLR 355 Baulkham Hills Private Hospital Pty Ltd v G R Securities Pty Ltd (1986) 40 NSWLR 622 G R Securities Pty Ltd v Baulkham Hills Private Hospital Pty Ltd (1986) 40 NSWLR 631 Pagnan SpA v Feed Products Ltd [1987] 2 Lloyds Rep 601 GRAHAM EVANS PTY LTD v STENCRAFT PTY LTD Q 109 OF 1999 FRENCH, WHITLAM & DOWSETT JJ 30 NOVEMBER 1999 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 109 OF 1999

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: GRAHAM EVANS PTY LTD

Applicant

AND: STENCRAFT PTY LTD

Respondent

JUDGE: FRENCH, WHITLAM & DOWSETT JJ

DATE OF ORDER: 30 NOVEMBER 1999

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The appeal be allowed.

2. The judgment below be set aside.

3. Judgment be entered for the appellant against the respondent in the sum of $800,000 with interest at 8% per annum from 1 January 1995 to the date of judgment.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 109 OF 1999

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: GRAHAM EVANS PTY LTD

Applicant

AND: STENCRAFT PTY LTD

Respondent

JUDGE: FRENCH, WHITLAM & DOWSETT JJ

DATE: 30 NOVEMBER 1999

PLACE: BRISBANE

REASONS FOR JUDGMENT

FRENCH J

1 I agree, for the reasons published by Dowsett J, that the appeal should be allowed with costs. I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice French.