Moneytech Finance Pty Ltd v Wheeler [2022] NSWDC 493

District Court New South Wales

Medium Neutral Citation: Moneytech Finance Pty Ltd v Wheeler [2022] NSWDC 493 Hearing dates: 25 and 26 May 2022 Date of orders: 3 August 2022 Decision date: 03 August 2022 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment for the plaintiff against the second defendant in the sum of $107,229.62. (2) All other claims dismissed. (3) The second defendant to pay the plaintiff's costs of the claim against the second defendant. (4) The plaintiff to pay the first defendant's costs of the proceedings, limited to the first defendant's disbursements. (5) No order as to the second defendant's costs of the cross-claim. Catchwords: CONTRACTS — formation — acceptance of offer – not pursued – new offer – accepted – effect on prior executed documentation – dispute – without prejudice letter – executed - whether parties had entered into binding contract to settle dispute Legislation Cited: Uniform Civil Procedure Rules 2005, r 36.16 Cases Cited: Australian Broadcasting Corporation v XIVth Commonwealth Games Limited (1988) 18 NSWLR 540 Burger King Corporation v Hungry Jack's Pty Limited [2001] NSWCA 187 Cachia v Hanes (1994) 179 CLR 403 Iacullo v Remly Pty Limited; Iacullo v Iacullo [2008] NSWSC 1176 McRae v Commonwealth Disposals Commission (1951) 84 CLR 377 Peters (WA) Ltd v Petersville Ltd [2001] HCA 45 Preston v Commissioner for Fair Trading [2011] NSWCA 40 R T & Y E Falls Investments Pty Limited v The State of New South Wales & ors [2001] NSWSC 1027 Secured Income Real Estate (Australia) Ltd v St Martins Investments Pty Ltd (1979) 144 CLR 596 Shepherd v Felt and Textiles of Australia Ltd (1931) 45 CLR 359 Category: Principal judgment Parties: Moneytech Finance Pty Ltd (plaintiff/cross-defendant) Peter Allen Wheeler (first defendant/first cross-claimant) SAS (Sales) Pty Limited (second defendant/second cross-claimant) Representation: Counsel: Mr D Edney (plaintiff/cross-defendant)