ARA Electrical Engineering Services Pty Ltd t/as Bass Electrical Engineering NSW v McConnell Dowell Constructions (Aust) Pty Ltd [2011] NSWSC 1377

Supreme Court New South Wales

Medium Neutral Citation: ARA Electrical Engineering Services Pty Ltd t/as Bass Electrical Engineering NSW v McConnell Dowell Constructions (Aust) Pty Ltd [2011] NSWSC 1377 Hearing dates: Monday, 31 October 2011 Decision date: 31 October 2011 Jurisdiction: Equity Division - Commercial List Before: Brereton J Decision: Judgment for the defendant with costs Catchwords: CONTRACTS - Whether binding and enforceable agreement - defendant provides plaintiff with request for quotation for building works - plaintiff submits quote - defendant responds that plaintiff is successful tenderer and provides draft sub-contract agreement with schedule of rates to be filled out by plaintiff - plaintiff fills out and returns draft contract - plaintiff contends provision of draft contract and announcement that plaintiff successful tenderer comprised offer capable of acceptance - plaintiff contends accepted offer by filling in blanks and returning document to defendant - defendant had communicated that draft sub-contract was subject to review and had reserved to itself final execution - improbable that defendant intended to be bound by whatever plaintiff inserted in schedule - matter inserted in schedule not subject to prior discussion - viewed objectively no intention that parties be bound without both parties executing and communicating execution to one another. Category: Principal judgment Parties: ARA Electrical Engineering Services Pty Ltd t/as Bass Electrical Engineering NSW (plaintiff) McConnell Dowell Constructions (Aust) Pty Ltd (defendant) Representation: Counsel: Mr G Carolan (plaintiff) Mr S Robertson (defendant) Solicitors: Schweizer Kobras (plaintiff) Maddocks Lawyers (defendant) File Number(s): 2011/198727