Maincom Services Pty Ltd v Raptis Pty Ltd [2024] NSWSC 305

Supreme Court New South Wales

Medium Neutral Citation: Maincom Services Pty Ltd v Raptis Pty Ltd [2024] NSWSC 305 Hearing dates: 01 March 2024 Date of orders: 26 March 2024 Decision date: 26 March 2024 Jurisdiction: Common Law Before: Weinstein J Decision: (1) Grant leave to appeal. (2) Grant leave for the defendant to rely upon its Notice of Contention filed 7 December 2023. (3) Dismiss the appeal. (4) Each party is to bear its own costs. Catchwords: APPEALS – appeal from Local Court to Supreme Court – Local Court determined parties did not have a binding agreement – whether plaintiff's offer was subject to contract – how offer should be categorised in accordance with Masters v Cameron CONTRACTS – formation – agreement – counter-offer – whether purported acceptance complied with mirror image rule – taking into account parties' conduct in interpreting intention – purported acceptance was a counteroffer – decision of Local Court affirmed Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW), s 15(2)(a)(i) Local Court Act 2007 (NSW), s 40 Suitors' Fund Act 1951 (NSW), s 6 Uniform Civil Procedure Rules (NSW), r 50.11(3) Cases Cited: Brambles Holdings Ltd v Bathurst City Council [2001] NSWCA 61 County Securities Pty Ltd v Challenger Group Holdings Pty Ltd [2008] NSWCA 193 Hannover Life Re of Australasia Ltd v Dargan [2012] NSWCA 185 Keppel v Wheeler [1927] 1 KB 577 Masters v Cameron (1954) 91 CLR 353 Mir Bros Developments Pty Ltd v Atlantic Constructions Pty Ltd (1985) 1 NSWLR 491 Texts Cited: G E Dal Pont, Law of Costs (LexisNexis, 4th ed, 2018) J W Carter, Carter on Contract, vol 1 (at Service 36) Tolhurst and Peden, Furmston and Tolhurst on Contract Formation: Law and Practice (Oxford University Press, 3rd ed, 2023) Category: Principal judgment Parties: Maincom Services Pty Ltd (Plaintiff) Raptis Pty Ltd (Defendant) Representation: Counsel: M Keene / C Langford (Plaintiff) J Horowitz (Defendant)