Francis Gregory Hannigan v Inghams Enterprises Pty Limited [2019] NSWSC 321

Supreme Court New South Wales

Medium Neutral Citation: Francis Gregory Hannigan v Inghams Enterprises Pty Limited [2019] NSWSC 321 Hearing dates: 6, 7, 8 and 9 August, 21 September and 8 November 2018 Date of orders: 29 March 2019 Decision date: 29 March 2019 Jurisdiction: Equity Before: Robb J Decision: (1) The Court declares that the parties are bound by an agreement the terms of which are recorded in the document styled "Queensland Broiler Chicken Growing Agreement" between Inghams Enterprises Pty Limited and F G & L M Hannigan – Avoca Vale, a copy of which is at pages 12 to 43 to the affidavit of the plaintiff sworn 2 February 2018 (being pages 3 to 34 of Annexure FGH-7). (2) As per [390], the Court will hear the parties on the issue of whether a declaration in the terms of prayer 4 of the plaintiff's summons should be made.

(3) Subject to [391], order that the defendant pay the plaintiff's costs of the proceedings. Catchwords: CONTRACTS — Formation — Acceptance of offer — Acceptance by conduct — Principles applicable – Where the parties initially intended that contractual document would be signed by both parties if acceptable – Where the parties did not sign the contractual document – Where the parties acted over a significant period as if they were bound by the detailed provisions of the contractual document – Whether contract entered into by conduct of both parties in the absence of formal offer and acceptance

CONTRACTS — Termination — Whether the defendant was entitled to terminate the contract under the terms of the contract or for breach of the contract by the plaintiff – Breach by terminating party — Whether termination effective in circumstances where the party asserting a right to terminate is also in default, and where that default contributed to the breach by the other party — Principles relating to novus actus interveniens