NSW Caselaw
Reported Decision : 201 FLR 238
New South Wales Supreme Court
CITATION : SWV Pty Ltd v Spiroc Pty Ltd [2006] NSWSC 668
HEARING DATE(S) : 22/06/06
JUDGMENT DATE : 4 July 2006
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
DECISION : Notice of motion dismissed with costs
CATCHWORDS : CONTRACTS - offer and acceptance - informal offer of compromise made in writing sought response "as soon as possible in writing by return" - whether offer specified time limit for acceptance - whether acceptance made within time limited by offer - EVIDENCE - admissibility - communications between parties in dispute in connection with attempt to negotiate settlement of dispute - proceeding in which question of making agreement to settle the dispute is in issue - whether exception in such proceedings to rule that evidence not be adduced of such communications applies only to immediate offer to settle and events following it - WORDS AND PHRASES - "by return" - "as soon as possible"
Corporations Act 2001 (Cth), ss.232, 233 LEGISLATION CITED : Evidence Act 1995, ss.131(1), 131(2)(f) Uniform Civil Procedure Rules 2005, rule 20.26
Abriel v Australian Guarantee Corporation [1999] FCA 50 Benchmark Certification Pty Ltd v Standards Australia International Ltd (2004) 212 ALR 464 Bowes v Chaleyer (1923) 32 CLR 159 Brown v Commissioner of Taxation (2001) 187 ALR 714 Connex Group Australia Pty Ltd v Butt [2004] NSWSC 673 Finlayson v Campbell (NSWSC, Young J, 4 September 1997) Francis v South Sydney District Rugby League Football Club Ltd [2002] FCA 1306 Jacobson v Ballina Shire Council [2006] NSWLEC 114 CASES CITED : KC v Shiley Incorporated (unreported, FCA, Tamberlin J, 11 July 1997) Lahoud v Lahoud [2006] NSWSC 126 Lang v Carroll (2004) 188 IR 58 McVeigh v Bell [2002] ANZ ConvR 9 Mercator Property Consultants Pty Ltd v Sumampow [2000] WASC 157 Pacific Aviation Pty Ltd v Bradley (unreported, NSWSC, Wood J, 7 November 1985) Rivkin Financial Services Ltd v Sofcom Ltd (2004) 51 ACSR 486 Tinn v Hoffmann & Co (1873) 29 LT 271 Tomlin v Standard Telephones and Cables Ltd [1969] 3 All ER 201 Vines v Djordjevitch (1955) 91 CLR 512
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