NSW Caselaw
New South Wales Supreme Court CITATION : Napatarra v Perpetual Trustee [1999] NSWSC 750 CURRENT JURISDICTION : Equity Division FILE NUMBER(S) : 2370/99 HEARING DATE(S) : 21/07/99 JUDGMENT DATE : 28 July 1999
PARTIES : Napatarra P/L v Perpetual Trustee Co. Ltd & Anor JUDGMENT OF : Bryson J at 1
COUNSEL : P. Walsh for Plaintiff J. Stevenson & M. White for Defendants SOLICITORS : Harris Wheeler for Plaintiff Phillips Fox for Defendants CATCHWORDS : CONTRACT - formation; LESSOR and LESSEE - agreement to lease - formation - Lessor's agent by letter set out "the essential terms" of proposed new lease on expiry of current lease and asked for acceptance and discussion - letter said "Your acceptance and/or our discussion of this offer is subject to Owner approval and the provision of a formal Letter of Offer" - Lessee signed Acceptance at foot of letter - on construction of letter it was HELD that no enforceable agreement had been formed - decision on terms of a particular document. Masters v Cameron (1954) 91 CLR 353 at 360 Dellwest Pty Ltd v Cafabe Pty Ltd (Bryson J) Unreported 26 November 1997 Arjay Investments Pty Ltd v Morrisson's Outdoor Catering Pty Ltd (Young J) Unreported 1 May 1995 at p4 CASES CITED : Hudson v Buck (1877) 7 Ch D 683 Marten v Whale [1917] 2 KB 480 Caney v Leith [1937] 2 All ER 532 Peet & Co. Ltd v Rocci [1985] W.A.R. 164 DECISION : See paragraph 23.
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
BRYSON J.
WEDNESDAY 28 JULY 1999
2370/99 NAPATARRA P/L v PERPETUAL TRUSTEE CO. LTD
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