Macquarie Generation v CNA Resources Ltd [2001] NSWSC 1040

New South Wales Supreme Court

CITATION : Macquarie Generation v CNA Resources Ltd [2001] NSWSC 1040 CURRENT JURISDICTION: Equity Division Commercial List FILE NUMBER(S) : SC 50057/01 HEARING DATE(S) : 13 & 14 November, 2001 JUDGMENT DATE : 15 November 2001

PARTIES : Macquarie Generation [Plaintiff] CNA Resources Ltd (formerly Peabody Resources Ltd) [Defendant] JUDGMENT OF : Palmer J

COUNSEL : B.W. Walker SC, I.M. Jackman, M. Leeming [Plaintiff] N. Young QC, P.W. Collinson [Defendant] SOLICITORS : Speed & Stracey [Plaintiff] Allens Arthur Robinson [Defendant] CATCHWORDS : CONTRACTS - OFFER AND ACCEPTANCE - CONDITIONAL OFFER - Whether an offer expressed to be subject to a condition can be accepted - whether a condition to an offer was "spent" by reason of subsequent events and the offer then became capable of immediate acceptance - INVITATION TO TENDER - CONTRACT - Whether submission of tender which did not comply with the requirements of the Invitation to Tender brought into existence a contract to conform to the tender requirements of the Invitation - whether the terms of the tender submitted could be ignored - CONTRACT - WRONGFUL REPUDIATION - Alleged agreement requiring formal contract to be executed subsequently - Plaintiff proposes formal contract containing terms materially inconsistent with earlier contract - Plaintiff requires Defendant to execute formal contract - whether Plaintiff demonstrates intention not to be bound by terms of earlier contract. - Buhrer v Tweedie [1973] 1 NZLR 517 CASES CITED : - Dickinson v Dodds (1876) 2 ChD 463 - Shevill v Builders Licensing Board (1982) 149 CLR 620 DECISION : No contract as alleged came into existence; Summons dismissed with costs.