Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ACME Properties Pty Ltd v Perpetual Corporate Trust Limited as trustee for Braeside Trust [2019] FCA 1189 File number: VID 672 of 2019
Judge: MOSHINSKY J
Date of judgment: 30 July 2019
Catchwords: CONTRACT – intention to create contractual relations – offer to lease commercial premises – where offer document was signed by both parties – where offer document was expressed to be subject to formal approval of the landlord (to be given or withheld in its absolute discretion), and execution of all legal documentation by the landlord and tenant – whether the offer document constituted a binding agreement to lease
Legislation: Competition and Consumer Act 2010 (Cth), Sch 2, Australian Consumer Law, s 18
Cases cited: Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd (2017) 261 CLR 544 Equuscorp Pty Ltd v Glengallan Investments Pty Ltd (2004) 218 CLR 471 Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95 Masters v Cameron (1954) 91 CLR 353 RTS Flexible Systems Ltd v Molkerei Alois Müller GmbH & Co KG (UK Production) [2010] 1 WLR 753
Date of hearing: 23 July 2019
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Category: Catchwords
Number of paragraphs: 108
Counsel for the Applicant: Mr MD Wyles QC with Mr E Moon
Solicitor for the Applicant: WL Lawyers
Counsel for the Respondent: Mr PD Corbett QC
Solicitor for the Respondent: Mills Oakley
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