Manny v Rose [2022] NSWSC 1671

Supreme Court New South Wales

Medium Neutral Citation: Manny v Rose [2022] NSWSC 1671 Hearing dates: 2 December 2022 Decision date: 08 December 2022 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) Direct that within 7 days of today's date the parties bring in short minutes to give effect to these reasons for judgment and to deal with the question of the costs of the motion filed on 18 November 2022; (2) Stand the matter over to 9.15 am on 16 December 2022 to deal with any outstanding questions. Catchwords: CONTRACTS — Formation — Acceptance of offer — Acceptance by electronic communication — Whether parties reached a binding agreement to settle the proceedings — First and fourth categories of Masters v Cameron (1954) 91 CLR 353; [1954] HCA 72 Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Air Great Lakes Pty Ltd v KS Easter (Holdings) Pty Ltd (1985) 2 NSWLR 309 Australian Medico-Legal Group Pty Ltd v Claireleigh Mosman Pty Ltd [2017] NSWCA 218 Baulkham Hills Private Hospital Pty Ltd v GR Securities Pty Ltd (1986) 40 NSWLR 622 Brambles Holdings Ltd v Bathurst City Council (2001) 53 NSWLR 153; [2001] NSWCA 61 Equuscorp Pty Ltd v Glengallan Investments Pty Ltd (2004) 218 CLR 471; [2004] HCA 55 GR Securities Pty Ltd v Baulkham Hills Private Hospital Pty Ltd (1986) 40 NSWLR 631 Masters v Cameron (1954) 91 CLR 353; [1954] HCA 72 Category: Procedural rulings Parties: Theodore (aka Ted) Jock Manny (First Plaintiff | First Respondent) Wellbe Properties Pty Ltd (Second Plaintiff | Second Respondent) Warwick Nominee Co Pty Ltd (Third Plaintiff | Third Respondent) James Street Development Pty Ltd (Fourth Plaintiff | Fourth Respondent) Christopher Peter Rose (First Defendant) Walter Projects Pty Ltd in its own right and as trustee for the Walter Developments Trust (Second Defendant) Iridium Developments Pty Limited in its own right and as trustee for the Iridium Developments Trust (Applicant | Third Defendant) Kingsway Developments Cronulla Pty Ltd in its own right and as trustee for the Kingsway Developments Trust (Fourth Defendant) Albert Investments Pty Ltd in its own right and as trustee for the QPS Holdings Trust (Fifth Defendant) Orville Properties Pty Ltd in its own right and as trustee for the QPS Holdings Trust (Sixth Defendant) First Quadrant Properties Pty Ltd (Seventh Defendant) Robert (Roy) Manassen (Eighth Defendant) Manno Cronulla Pty Ltd in its own right and as trustee for the Manno Cronulla Unit Trust (Ninth Defendant) Manno Kingsway Pty Ltd in its own right and as trustee for the Manno Kingsway Unit Trust (Tenth Defendant) Representation: Counsel: MR Pesman SC (Plaintiffs | Respondents) T Boyle (Applicant | Third Defendant)