Federal Court of Australia
Federal Court of Australia
Camm Cattle Company Pty Ltd v Acumen Finance Pty Ltd (No 2) [2021] FCA 1570 File number(s): QUD 321 of 2020
Judgment of: DOWNES J
Date of judgment: 15 December 2021
Catchwords: CONTRACTS – whether submission of online application and terms and conditions on website constituted acceptance of an offer – whether offer made by financial services provider on website was sufficiently certain to be capable of acceptance – whether financial services provider had intention to create legal relations as at time of submission of application – where application completed and submitted by unauthorised person – adverse inferences drawn from failure to call witnesses and tender relevant documents to support pleaded case – finding that no agreement was reached in the manner alleged – finding that financial services provider failed to demonstrate that it used reasonable endeavours to procure a loan offer
Cases cited: Australian Woollen Mills Pty Ltd v The Commonwealth (1954) 92 CLR 424 Camm Cattle Company Pty Ltd v Acumen Finance Pty Ltd [2021] FCA 1225 Kuhl v Zurich Financial Services Australia Ltd (2011) 243 CLR 361; [2011] HCA 11 Mobil Oil Australia Ltd v Wellcome International Pty Ltd and others (1998) 81 FCR 475
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 122
Date of hearing: 20 – 22 October 2021
Counsel for the Applicants: Mr P Somers
Solicitor for the Applicants: Bennett & Philp Lawyers
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