Hawke v ACN 117 688 356 Pty Limited [2007] NSWSC 1272

New South Wales Supreme Court

CITATION : Hawke v ACN 117 688 356 Pty Limited [2007] NSWSC 1272

HEARING DATE(S) : 23 and 24 October 2007

JUDGMENT DATE : 24 October 2007

JURISDICTION : Equity Division

JUDGMENT OF : Windeyer J at 1

EX TEMPORE JUDGMENT DATE : 24 October 2007

DECISION : Order that the cross claim be dismissed and that the defendant withdraw their caveat

CATCHWORDS : CONTRACTS – Offer and acceptance – Where first offer of finance accepted – Where second offer made changing loan amount and minimum term – Held second offer was a withdrawal of first offer

PARTIES : Elizabeth Hawke (Plaintiff/Cross-Defendant) ACN 117 688 356 Pty Limited (Defendant/Cross-Claimant)

FILE NUMBER(S) : SC 4730 of 2007

COUNSEL : Mr M W Sneddon (Plaintiff/Cross-defendant) Mr M Luitingh (Defendant/Cross-claimant)

SOLICITORS : Proctor Phair Lawyers (Plaintiff/Cross-defendant) Ziman and Ziman (Defendant/Cross-Claimant)

- 2 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

WINDEYER J

WEDNESDAY, 24 OCTOBER 2007

4730/07 ELIZABETH HAWKE v ACN 117 688 356 PTY LIMITED

JUDGMENT

1 HIS HONOUR: This judgment concerns a cross-claim by the defendant in these proceedings, ACN 117 688 356 Pty Limited, against the plaintiff and cross-defendant in these proceedings, Ms Elizabeth Hawke. I will call the cross-claimant "the company". 2 The core issue in this dispute is whether a later letter of offer withdrew or merely amended an earlier offer. I should note that some confusion arose around the date of the earlier offer. The proceedings were conducted, and this judgment was originally given, on the basis that the earlier offer as accepted by the plaintiff was dated 13 September 2007. However, the evidence shows that the earlier offer as accepted by the plaintiff was actually 14 September 2007. The dates herein have thus been changed from 13 September 2007 to 14 September 2007, with the consent of both parties.