NSW Caselaw
New South Wales Court of Appeal
CITATION: Redowood Pty Ltd v Mongoose Pty Ltd [2005] NSWCA 32
HEARING DATE(S): 9 December 2004
JUDGMENT DATE: 4 March 2005
JUDGMENT OF: Spigelman CJ at 1; Tobias JA at 7; Bryson JA at 107
DECISION: Appeal dismissed
CATCHWORDS: CONTRACT - Offer and acceptance - Coincidence of offer and acceptance - Evidence of circumstances surrounding transaction - Strict compliance with requirements for valid acceptance - Large public offer to purchase all rights in publicly listed company - Mistake in acceptance form completed by offeree - Whether a contract came into existence - Whether offeree's acceptance corresponded with offeror's offer - Whether offeree complied with requirements for valid acceptance.
LEGISLATION CITED: [None]
Carter v Hyde (1923) 33 CLR 115 Quadling v Robinson (1976) 137 CLR 192 Codelfa Constructions Pty Limited v State Rail Authority of New South Wales (1982) 149 CLR 337 Royal Botanic Gardens & Domain Trust v South Sydney City Council (2002) 76 ALJR 436 CASES CITED: Prenn v Simmonds [1971] 1 WLR 1381 Trawl Industries of Australia Pty Limited v Effem Foods Pty Limited (1992) 27 NSWLR 326 Pacific Carriers Limited v BNP Paribas (2004) 78 ALJR 1045 Reardon Smith Line Limited v Hansen-Tangen [1976] 1 WLR 989 Toll (FGCT) Pty Limited v Alphapharm Pty Limited [2004] HCA 52
Redowood Pty Limited PARTIES: Mongoose Pty Limited
FILE NUMBER(S): CA 40196/04
A: V Gray COUNSEL: R: A Diethelm
A: Gye Associates, Lawyers, Sydney SOLICITORS: R: Blake Dawson Waldron, Sydney
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