Piety Developments Pty Ltd v Cumberland City Council (No 3) [2023] NSWSC 1627

Supreme Court New South Wales

Medium Neutral Citation: Piety Developments Pty Ltd v Cumberland City Council (No 3) [2023] NSWSC 1627 Hearing dates: 11 December 2023 Date of orders: 15 December 2023 Decision date: 19 December 2023 Jurisdiction: Equity - Expedition List Before: Parker J Decision: See [121]-[123] Catchwords: CONTRACTS – formation – acceptance of offer – communication of acceptance – local council enters negotiations with unsuccessful applicants in tender process for sale of council owned land – council invites submission of applicants' best and final offer – council passed resolution accepting one applicant's offer – notice of motion to rescind resolution given shortly after – unsigned minutes published on council website – no correspondence sent by Council to offeror – minutes later confirmed – communication of acceptance not established LAND LAW – conveyancing – requirements of writing – Conveyancing Act s 54A – written offer of contract to purchase land from local council – council accepts offer in resolution at council meeting – resolution recorded in minutes signed at later meeting by mayor as chairperson – whether note or memorandum "of" contract – whether mayor "thereunto" lawfully authorised Legislation Cited: Conveyancing Act 1919, ss 54A, 88A, 88BA Local Government Act 1993, ss 10, 10A, 55, 372, 375 Local Government (General) Regulation 2005, cls 163-4, 178-9 Local Government (General) Regulation 2021 Cases Cited: Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256 Ex parte Renouf (1924) 24 SR (NSW) 463 Irvine v Dowling [2021] NSWSC 119 Masters v Cameron (1954) 91 CLR 353 Performance Capital Mortgage Pty Ltd v Motive Finance & Leasing Pty Ltd (2010) 15 BPR 29,267 Piety Developments Pty Ltd v Cumberland City Council [2023] NSWSC 480 Piety Developments Pty Ltd v Cumberland City Council (No 2) [2023] NSWSC 774 Sentinel Orange Homemaker Pty Ltd v Davis Investment Group Holdings Pty Ltd [2021] NSWSC 550 Shanahan v Strathfield Municipal Council [1973] 2 NSWLR 740 Stolyar v Towers (2018) 19 BPR 38,287 Texts Cited: B Edgeworth, Butt's Land Law (7th ed, 2017, Lawbook Co) at 152 [4.210] Category: Principal judgment Parties: Piety Developments Pty Limited (Plaintiff) Cumberland City Council (Defendant) Representation: Counsel: F C Corsaro SC/ A Rizk (Plaintiff) A J McInerney SC/ D Robertson (Defendant)